Capalongo v. Deutsche Bank National Trust Co.

In a foreclosure action, the nonowner husband argued that his separately executed homestead waiver was ineffective because it was not physically attached to the mortgage his wife signed. The Second District affirmed partial summary judgment for the lender, holding that article X, section 4(c) of the Florida Constitution imposes no requirement that a spousal waiver be physically affixed to the mortgage; the spouse 'joins' the owner by participating in the transaction, and here the contemporaneously executed, notarized, and sequentially recorded waiver expressly referencing the security instrument unequivocally established waiver.

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