Taylor Distributing Co. v. Haines

Taylor Distributing Co., Inc. (Taylor) appeals from a judgment dismissing its real estate mortgage foreclosure action against Judith C. Haines and Maurice J. Haines and the award of statutory attorney's fees and costs to Mrs. Haines. The trial court held the mortgage was void because only Mrs. Haines executed it.

Taylor states the issue as follows:

Can a party [Mrs. Haines] to a defunct marriage, after executing a note and mortgage subsequent to [an] oral decision by the court dissolving the marriage relationship and awarding that party the property that secured the note, default in payment of…