Bufler v. Pate

This appeal presents the question of whether a note and second mortgage, given to secure it, for the deficiency due a mortgagee upon refinancing through Home Owners’ Loan Corporation is enforceable when they are executed as a part of the same transaction with full knowledge of the agent of Home Owners’ Loan Corporation, charged with the duty of closing the transaction.

This action is for a personal judgment upon the note and a foreclosure of the mortgage. The defendants Antonio Pate and Innocenca Pate were alleged to have executed the note and mortgage. In their answer they denied having…