Equity Capital Co. v. 601 West 26 Corp., 166 So. 2d 769 (Fla. 3d DCA 1964). · Go Syfert
Equity Capital Co. v. 601 West 26 Corp., 166 So. 2d 769 (Fla. 3d DCA 1964). Cases Citing This Book View Copy Cite
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EQUITY CAPITAL COMPANY, a Minnesota corporation
v.
601 WEST 26 CORP., a/k/a 601 West 26 Corporation, a New York corporation authorized to do business in the State of Florida, and Trunk Corp., a/k/a Trunk Corporation, a Florida corporation
No. 64-109.
District Court of Appeal of Florida, Third District.
Jul 7, 1964.
166 So. 2d 769
George J. Baya, Abe Schonfeld and Bennett G. Feldman, Miami, for appellant., Sponder & Bloom, North Miami, Fla., for appellees.
Barkdull, Hendry, Pearson.
Cited by 1 opinion  |  Published
HENDRY, Judge.

Plaintiff-appellant, as mortgagee, commenced proceedings against defendants-ap-pellees, mortgagors, to foreclose two mortgages, one for $155,000 and the second for $125,000.

The mortgages contained provisions for the entire debt to become due upon the failure to make a single payment. Appel-lees failed to make payment, and appellant exercised its option to accelerate the due date of the note, and instituted suit to foreclose. Appellees admitted their default, and requested the court to exercise its equity jurisdiction, thereby relieving appellees of their default, by tendering payment of the full amount of the arrears.

The trial court permitted this action and reinstated the mortgage and note. Appel[*770] lants are before this court claiming error on the part of the chancellor.

The mere statement in an answer to the effect that the security will not be impaired, is not sufficient to justify the chancellor’s relieving the mortgagor from his default[1] There must also be a showing of inequity resulting from the foreclosure.[2] This necessary element is patently missing from the record before us.

Accordingly, the interlocutory order appealed is reversed.

Reversed.

1

22 Fla.Jur., Mortgages § 226.

2

Lieberbaum v. Surfcomber Hotel Corp., Fla.App.1960, 122 So.2d 28.