Empire State Bank v. Devereaux

OPINION

LESLIE, Judge.

Empire State Bank appeals from a judgment in favor of respondents Douglas and Helen Devereaux. The trial court determined appellant may not enforce a mortgage against respondents’ property since the mortgage only secured a $46,500 loan and that loan had already been repaid. Appellant claims the mortgage is enforceable because it was to act as security for respondents’ entire previous debt with the bank. We affirm.

FACTS

On March 17, 1985 respondents Douglas and Helen Devereaux went to the Empire State Bank and talked with Gary Gabriel-son about a loan of $46,500 to pay for…