CHASE MANHATTAN MORTGAGE CORP. v. SUAREZ

No. 99-332.

732 So.2d 394 (1999)

CHASE MANHATTAN MORTGAGE CORPORATION, Appellant, v. William SUAREZ, et al., Appellees.

District Court of Appeal of Florida, Third District.

March 24, 1999.


Attorney(s) appearing for the Case

Stearns, Weaver, Miller, Weissler Alhadeff & Sitterson and Mark D. Solov and David Rothstein, for appellant.

Arnold Velez, for appellees.

Before SCHWARTZ, C.J., and FLETCHER and SHEVIN, JJ.


SCHWARTZ, Chief Judge.

In the obvious absence of a provision in the mortgage which covers the mortgagors-homeowners' claim against the builder for construction defects which caused the loss of their home in Hurricane Andrew, it is clear that the trial court correctly declined to permit the appellant, the assignee of the mortgage, to assert an interest in the recovery effected in that case. See Clay v. Girdner, 103 Fla. 135, 138 So. 490 (1931); Orlando Hyatt...

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