RAYMAR DEVELOPMENT CORP. v. BARBARA

No. 80-1850.

404 So.2d 813 (1981)

RAYMAR DEVELOPMENT CORPORATION, a Florida Corporation, Appellant, v. Joseph V. BARBARA and Venera Barbara, His Wife, Appellees.

District Court of Appeal of Florida, Second District.

October 9, 1981.


Attorney(s) appearing for the Case

Jan G. Halisky, Clearwater, for appellant.

No appearance for appellees.


OTT, Judge.

Appellees purchased a home from appellant and gave a note, secured by mortgage, for a portion of the balance of the purchase price. Upon default in payment of the note, appellant filed this action to foreclose the mortgage. The trial court entered judgment in favor of appellant for the amount due on the note, but refused to foreclose the mortgage because (1) it had not been attested by two subscribing witnesses and (2) appellees had not signed it before...

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