Alexander v. DeLaCruz

MAUGHAN, Justice:

Plaintiffs initiated this action to recover the balance due under a promissory note and to foreclose a mortgage securing the same. The matter was tried before the court and judgment was rendered in favor of the defendants, dismissing the action. *519The court ruled the signature of defendant Beth DeLaCruz, on both the note and mortgage, was forged; therefore, of no effect. Furthermore, Mrs. DeLaCruz was the record owner of the mortgaged real property, and the purported mortgage did not have the effect of an encumbrance on her property. The court further ruled there was no legal…