Firstul Mortgage Co. v. Osko

ROMANG, Presiding Judge:

The Plaintiff-Appellee (Firstul Mortgage Company) brought this action against the Defendant-Appellants (Albert J. and Lucille M. Osko) and others to foreclose a second mortgage on the Oskos’ homestead given as security for a promissory note. A deficiency judgment on the promissory note was not sought. The Oskos affirmatively pleaded failure of consideration to support the mortgage. The Plaintiff initially waived a jury trial and later approved the Oskos’ demand for a jury trial. On trial to the court sitting without a jury the trial court held for the Plaintiff, and…