Realty Mortgage Co. v. Moore

Citations

• 80 Fla. 2
• 85 So. 155

Syllabus

<p>1. (Foreclosure of Mortgage — Decree for Deficiency). — Upon the foreclosure of a mortgage upon real estate, the right of the complainant to' a decree against the mortgagor for any balance that may be found to be due to the plaintiff over and above the prceeds of sale must he determined with reference to the pleading in connection with the evidence in each case.</p> <p>2. (Foreclosure of Mortgage — Decree for Deficiency — Power of Court.) — Circuit Courts, in cases for the foreclosure of mortgages, under Equity Rule 89 of the Rules of the Circuit Court — In equity, have the power to enter a decree against the mortgagor for any balance that may be found to be due to the plaintiff, over and above the proceeds of sale.</p> <p>3. (Foreclosure of Mortgages- — Equity Rule 89). — Equity Rule 89 of the Rules of the Circuit Court in Equity, granting to such courts in suits in equity for the foreclosure of. mortgages, the power to render a decree against -the mortgagor for any balance that may be found to be due the plaintiff, over and above the proceeds of the sale .or sales of the mortgaged property, does not deprive the court of its sound judicial discretion to determine the right to such deficiency decree.</p> <p>4. (Foreclosure of Mortgages — Deficiency Decree) — Since the foreclosure proceeding is the judicial means by which certain property is subjected to the payment of the debt, and in which the amount of the debt is ascertained and decreed to be paid, it follows that any defense that may be offered to a decree of foreclosure, or against a personal decree, or for any balance that may be found due to the plaintiff over and above the proceeds of sale, should be presented in due course of the proceedings, or a sufficient reason given for not doing so.</p> <p>5. (Foreclosure of Mortgage — Right to a Deficiency-Decree).— A mortgagee may so deal with the mortgagor’s grantee of the mortgaged premises as to deny to the mortgagee the right .to a deficiency .decree against