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3rd DCADecember 14, 2022Reversed and Remanded🔬 Novel Issue

Isaacs v. Federal National Mortgage Association

Case No. 3D2020-0604

A husband who had separated from his wife decades earlier, quit-claimed his interest in the marital home to her, and established a separate permanent homestead elsewhere, challenged a foreclosure judgment on a mortgage his wife executed alone (with a signature he claimed was forged). The Third District held that, under article X, section 4(c) of the Florida Constitution as amended in 1985, a non-owner spouse's abandonment of the homestead does not waive the spousal joinder requirement so long as the property remained the owner-spouse's homestead when the mortgage was executed, and reversed the final judgment of foreclosure.

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