Layton v. White

This case is another tragic example of why competent lawyers should be involved in real estate transactions.

In 1980, David and Janelle White purchased a home for $63,000. They paid $10,000 down in cash, gave a note secured by a first mortgage for $30,000 and a second note and mortgage1 to Clifford Na-delhoffer as evidence of a $23,000 loan.

Janelle White, a non-lawyer, prepared the document which has in large bold letters on its face “mortgage deed and note.” The document can best be described as an “all-in-one,” office supply store, short-form document bearing no resemblance to a typical…