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2nd DCAApril 5, 2023Affirmed in part; reversed in part; remanded🔬 Novel Issue

Ferry v. E-Z Cashing, LLC

Case No. 22-1201

After a 2010 consent foreclosure judgment and a decade-long bankruptcy stay, the assignee of the original lender's note, mortgage, and separate assignment of leases and rents obtained an amended final foreclosure judgment and an order awarding it rents. The Second DCA reversed the amended final judgment, holding the note and mortgage had merged into the 2010 consent foreclosure judgment (and the assignee acquired no interest in the judgment itself), but affirmed the rents order, holding a separate collateral assignment of leases and rents does not merge into the foreclosure judgment and survives it.

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