Florida District Courts of Appeal, 1995

Albury v. Bankers Trust Co. of California, N.A.

Albury v. Bankers Trust Co. of California, N.A.
Florida District Courts of Appeal · Decided September 6, 1995 · Dell, Polen, Warner
660 So. 2d 1135; 1995 Fla. App. LEXIS 9340; 1995 WL 521094 (Southern Reporter, Second Series)

Albury v. Bankers Trust Co. of California, N.A.

Opinion of the Court

PER CURIAM.

We affirm the summary final judgment of mortgage foreclosure in favor of Bankers Trust Company of California, N.A. As to the reasons offered by appellant for his failure to make timely payments, the case of Home Owners’ Loan Corporation v. Wilkes, 130 Fla. 492, 178 So. 161, 163 (1938) precludes such unfortunate circumstances from barring appellees’ legal right to proceed with foreclosure. See also New England Mutual Life Insurance Co. v. Luxury Home Builders, Inc., 311 So.2d 160 (Fla. 3d DCA 1975).

DELL, WARNER and POLEN, JJ., concur.

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