Raymar Development Corp. v. Barbara

OTT, Judge.

Appellees purchased a home from appellant and gave a note, secured by mortgage, for a portion of the balance of the purchase price. Upon default in payment of the note, appellant filed this action to foreclose the mortgage. The trial court entered judgment in favor of appellant for the amount due on the note, but refused to foreclose the mortgage because (1) it had not been attested by two subscribing witnesses and (2) appellees had not signed it before a notary public. We reverse.

Since the 1968 revision of article X, section 4, of the Florida Constitution, it is no longer required…