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GRANDWAY CREDIT CORP. v. WESTBROOK

No. 74-718.

323 So.2d 2 (1975)

GRANDWAY CREDIT CORPORATION, Appellant, v. Leon WESTBROOK and Lela Wes Rook, His Wife, Appellees.

District Court of Appeal of Florida, Fourth District.

December 5, 1975.

Attorney(s) appearing for the Case

Howard Todd Jaffe of Douglas C. Kaplan & Associates, Hollywood, for appellant.

David Newman, Robert Graddy and Kathleen Buck of Fla. Rural Legal Services, Delray Beach, for appellees.

WOODSON, J. WILLIAM, Associate Judge.

This was an action to foreclose a mortgage on real estate. The action was before the trial judge sitting without a jury. The trial judge made a finding that:

1. Defendants/appellees did not intend to sign, nor did they have knowledge of signing, the subject mortgage. 2. There was overreaching involved on the part of plaintiff/appellant's assignor or his employees in the execution of the subject mortgage.

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