13110 Investments LLC v. Gerald Dumervile and Gielle Honore
A foreclosure lender appealed after the trial court invalidated its mortgage on two grounds: that the notary's act of also signing as a witness rendered the mortgage fatally deficient, and that the homestead mortgage lacked two subscribing witnesses. The Fourth DCA reversed on both points.
Key facts
- Lender filed a foreclosure complaint; husband originally executed the mortgage and wife executed as his spouse. The mortgage was signed by two witnesses, one of whom also served as the notary.
- After the parties divorced, lender dismissed wife from the foreclosure but wife successfully moved to intervene before trial. The court entered final foreclosure judgment against the husband but a separate judgment in favor of the wife, finding the mortgage 'fatally deficient.'
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Holdings
- Under section 117.05(1) and (4)(e), Fla. Stat., a notary is prohibited from notarizing their own signature, but may act as a witness on the same instrument; the statutory presumption that…
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