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Freedom. Petitioner also agreed that if those payments were not
made as scheduled, then Freedom could proceed with the
foreclosure. On October 11, 1985, Freedom filed a motion for
final judgment of foreclosure against the property averring that
the required payments had not been made in accordance with the
parties’ March 26, 1984, stipulation.57 On October 25, 1985,
pursuant to the stipulation, the court entered a Final Judgment
of Foreclosure. Pursuant to the judgment, the property was sold
and title was conveyed to the purchaser, Freedom, on November 25,
1985.
In 1983, Freedom filed a separate action in the Circuit
Court for Orange County, Florida, Case No. 83-12119 (the judgment
case), for judgment against petitioner and two other guarantors
of the loan to Cramer, Hoffman & Haber, P.A. On September 16,
1986, Freedom filed a Motion for Final Judgment against
petitioner seeking money judgment for the unpaid balance of the
note that he guaranteed. In a pleading that petitioner filed on
October 8, 1986, petitioner represented that the only issue in
the judgment case that remained was the value of the property
that had been sold pursuant to the prior foreclosure action in
Citrus County. On December 22, 1986, the Circuit Court for
Orange County rendered final judgment finding that petitioner
57The Court’s final judgment recited that the outstanding
debt to Freedom consisted of $96,872.18 principal, together with
interest of $3,553.20 and attorney’s fees of $4,000.
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