Second National Bank of North Miami v. G.M.T. Properties, Inc.

PEARSON, Judge.

The plaintiff, The Second National Bank of North Miami, attempted to foreclose a mortgage supported by a note which it took on assignment. The trial court found that the Bank was not a holder in due course and that the note and mortgage were subject to the defense that they were fraudulently procured by Avance Enterprises, Inc.1 After trial, the court held that the mortgage was fraudulently procured and can-celled the mortgage instead of reforming the note and mortgage.

On this appeal, it is urged by the Bank, as appellant, that the determination that it was not a holder in due…