Green v. Gomez

On Motion for Rehearing

In his motion for rehearing Gomez asserts that regardless of whether there was sufficient evidence in favor of the Greens to establish a mortgage, the Greens did not offer to pay the prior indebtedness owing on the property to Gomez, or tender the same, and, therefore, an instructed verdict for Gomez was proper. In his motion for an instructed verdict, Gomez asserted the Greens “failed to make tender of payment of the amount and/or amounts due under said mortgage”. The Greens had filed suit not only for cancellation of the deeds, but to remove cloud from their title.…