Florida District Courts of Appeal, 1987

Nesbitt v. Citicorp Savings of Florida

Florida District Courts of Appeal · Decided September 1, 1987 · Ferguson, Hendry, Nesbitt

514 So. 2d 371; 1987 Fla. App. LEXIS 11887 (Southern Reporter, Second Series)

Cases that cite this one

2 later published cases cite this decision.

Blaine v. Marmor (Fla. Dist. Ct. App. 1989)
Eurovest, Ltd. v. Segall (Fla. Dist. Ct. App. 1988)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

Although usury in the underlying obligation is a valid defense to a mortgage foreclosure, the defense is not available to *372a subsequent owner of the property who is not a party to the allegedly usurious contract and who took the encumbered property subject to the mortgage. Spinney v. Winter Park Bldg. & Loan Ass’n., 120 Fla. 458, 162 So. 899 (1935); Zimmerman v. Hill, 100 So.2d 432 (Fla. 3d DCA 1958). Nothing in the usury statutes, chapter 687, Florida Statutes (1985), supports the argument of the appellants that the controlling cases have been legislatively overruled.

We affirm the final judgment of foreclosure.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.