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COUNTRYWIDE HOME LOANS, INC. v. KIM

No. 4D04-929.

898 So.2d 250 (2005)

COUNTRYWIDE HOME LOANS, INC., Appellant, v. Sook Hyung KIM, unknown spouse of Sook Hyung Kim, Sook Hyung Kim, Unknown Tenant I, Unknown Tenant II, Pine Bay Homeowners' Association, Inc., Mortgage Electronic Registration Systems, Inc., acting solely as nominee for Aegis Mortgage Corporation d/b/a New America, Ltd., Capital One, F.S.B., and any unknown heirs, devisees, grantees, creditors, and other unknown persons or unknown spouses claiming by, through and under any of the above named Defendants, Appellees.

District Court of Appeal of Florida, Fourth District.

March 16, 2005.

Attorney(s) appearing for the Case

Alaine S. Greenberg of Greenberg, Traurig, P.A., Ft. Lauderdale, for appellant.

Mitchell D. Adler and Danielle L. Rosen of Abrams Anton, P.A., Hollywood, for appellee Sook Hyung Kim.

KLEIN, J.

Countrywide initiated this mortgage foreclosure against Kim, asserting that the prior owners, a married couple, had executed a mortgage in favor of Countrywide which was in default. Because Countrywide had inadvertently failed to obtain the wife's signature on the mortgage, the trial court held that the mortgage was void as a matter of law. We reverse.

The owners of the property prior to Kim were Michael and Tricia Abdulahad, husband and wife. The...

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