Coral Gables Federal Savings and Loan Association appeals from the final order of the trial court denying its motion for a deficiency judgment in a mortgage foreclosure case. The mortgagor had defaulted, and Coral Gables supplied a sufficient record to merit entry of a deficiency award. In denying the motion, the trial court stated no legal or equitable reasons, and none are apparent from the record. We reverse.
The issue in this case is whether the trial court may deny a motion for a deficiency judgment after foreclosure without expressing any legal or equitable reasons for the denial and without any evidence in the record to support the denial. We addressed this issue in First Union National Bank of Florida v. Schmitt,
Similarly, in Federal Deposit Insurance Corp. v. Circle Bar Ranch, Inc.,
In this case, it was clearly an abuse of discretion not to grant the motion for a deficiency judgment. We reverse the trial court’s order denying the deficiency judgment and remand for entry of such an award, based on the difference between the fair market value of the mortgaged properties and the total amount owed Coral Gables pursuant to the foreclosed note and mortgage.
REVERSED and REMANDED.
Notes
. See abo Mizner Bank v. Adib,
