United Mercantile Bank v. Schwartz

FRED W. JONES, Jr., Judge.

Plaintiff bank appealed a judgment enjoining it from proceeding by executory process because of an inconsistency between the date of the paraph on a collateral mortgage note and the date of the collateral mortgage which allegedly secured the note. For the reasons hereinafter explained, we affirm.

United Mercantile Bank (“UMB”) filed suit against Stephen Schwartz and Cynthia Schwartz alleging it was the holder of a promissory note made by defendants for $25,525.41 dated August 8, 1985, secured by the pledge of a collateral mortgage note dated September 27, 1979, for…