Davis v. Amerifirst Bank

We find no error in the trial court holding that the real property, which was pledged to secure a first mortgage, at no time pertinent, had the status of homestead upon any of the following bases: 1) the property was not homestead in the first instance. Hussa v. Hussa, 65 So.2d 759 (Fla.1953); Johns v. Bowden, 68 Fla. 32, 66 So. 155 (1914); McGregor v. Kellum, 50 Fla. 581, 39 So. 697 (1905); Murphy v. Farquhar, 39 Fla. 350, 22 So. 681 (1897); 29 Fla.Jur.2d, Homesteads § 27 (p. 290); 2) Even if a homestead, the maker of the note and mortgage may not urge such status to defeat a foreclosure.…