Verde Capital Corp. v. Gutierrez

The plaintiff, Verde Capital Corporation, appeals from an order dismissing with prejudice its third amended complaint and alternatively granting summary judgment in favor of appellee Marta A. Gutierrez. We affirm.

On June 9, 1979, Mrs. Gutierrez and her husband assumed a mortgage which stated that the mortgagor “covenant[sj and agree[s] to promptly pay when due the principal and interest and other sums of money provided for in said note and mortgage, or either.” Mrs. Gutierrez and her husband were subsequently divorced. It appears without contradiction that Mrs. *699Gutierrez never signed or…