No. 89-775 | Fla. Dist. Ct. App. | Nov 7, 1989
The trial judge in a mortgage foreclosure action upon an equitable basis, attempted to rewrite the note and mortgage. This he cannot do. Savage v. Horne, 159 Fla. 301" date_filed="1947-07-18" court="Fla." case_name="Savage v. Horne">159 Fla. 301, 31 So.2d 477 (Fla.1947). J.M. Realty Investment Corp. v. Stern, 296 So. 2d 588" date_filed="1974-05-28" court="Fla. Dist. Ct. App." case_name="REALTY INVESTMENT CORP. v. Stern">296 So.2d 588 (Fla. 3d DCA 1974). Therefore, the order denying enforcement is reversed with directions to enter a judgment of foreclosure in favor of the appellant mortgagee.
Reversed and remanded with directions.