Chemical Residential Mortgage v. Rector

742 So. 2d 300 (1998)

Study Aids
Case Briefs Overview
Casebooks
Case Briefs
C
From our private database of 46,300+ case briefs, written and edited by humans—never with AI.

Chemical Residential Mortgage v. Rector

Florida District Court of Appeal
742 So. 2d 300 (1998)

  • Written by Liz Nakamura, JD

Facts

Terry Rector (defendant) took out a mortgage from Chemical Residential Mortgage (CRM) (plaintiff). After Rector defaulted, CRM filed a foreclosure action. CRM’s complaint specifically alleged that (1) CRM was both the owner and the holder of the mortgage, with the right to collect and enforce payment from Rector; and (2) Rector had defaulted on his mortgage obligations. Rector failed to timely respond to CRM’s foreclosure complaint, thereby waiving his right to deny the allegations made therein. A final judgment of foreclosure was entered in 1995, then amended in 1996. In 1997, CRM moved to amend the final judgment again and to reset the sale date for the foreclosed property. The trial court denied CRM’s motion to amend and vacated both the 1996 amended final judgment and the 1995 original final judgment of foreclosure on the basis that CRM had failed to attach the required copy of the recorded mortgage as an exhibit to the underlying foreclosure complaint. CRM appealed.

Rule of Law

Issue

Holding and Reasoning (Barfield, C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 812,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 812,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 46,300 briefs, keyed to 988 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 812,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 46,300 briefs - keyed to 988 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership

Casebooks

Civil Procedure

Key Terms