JULIA DAVIS
v.
ONEWEST BANK, FSB
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A non-signatory to a promissory note cannot be foreclosed upon, even if she signed the reverse mortgage agreement as co-borrower.
[1] A non-signatory to a promissory note cannot be held liable in a foreclosure action, even if the non-signatory executed a related mortgage or reverse mortgage agreement as…
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Join FLexlaw to unlock all legal intelligenceJulia Davis, widow of the reverse mortgage's titleholder Herbert Davis, signed the reverse mortgage as co-borrower but did not sign the promissory not…
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Third District Court of Appeal State of Florida
Opinion filed July 3, 2019. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D18-493 Lower Tribunal No. 14-7149 ________________
Julia Davis, Appellant,
vs.
OneWest Bank, FSB, Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Thomas J. Rebull, Judge.
Legal Services of Greater Miami, Inc. and Jacqueline C. Ledόn and Jeffrey
M. Hearne, for appellant.
Burr & Forman and Joshua H. Threadcraft (Birmingham, AL), for appellee.
Before SALTER, SCALES and MILLER, JJ.
PER CURIAM.
2
Julia Davis, the widow of the titleholder (Herbert Davis), signed a reverse mortgage as co-borrower. She did not sign the promissory note for the loan. OneWest Bank sought to foreclose after Mr. Davis’s death, which would have dispossessed Mrs. Davis from her homestead.
Based on our decisions involving similar documents and issues, we reverse the final judgment of foreclosure and remand the case to the trial court for the entry of an involuntary dismissal of the case in favor of Mrs. Davis. OneWest Bank, FSB v. Palmero, 44 Fla. L. Weekly D1049 (Fla. 3d DCA April 24, 2019) (en banc); OneWest Bank, N.A. v. Leek-Tannenbaum, 44 Fla. L. Weekly D1282 (Fla. 3d DCA May 15, 2019); Smith v. Reverse Mortg. Sols., Inc., 200 So. 3d 221, 225 (Fla. 3d DCA 2016); and Edwards v. Reverse Mortg. Sols., Inc., 187 So. 3d 895, 896 (Fla. 3d DCA 2016).1
Reversed and remanded, with instructions.
SCALES, J., concurs.
3
Julia Davis v. OneWest Bank, FSB Case No. 3D18-493
MILLER, J., specially concurring.
Although I am constrained by the authority of precedent, neither distinguishable upon legal principle nor material fact, to concur, the concerns expressed in my dissenting opinion in OneWest Bank, FSB v. Palmero, 44 Fla. L. Weekly D1049, D1055 (Fla. 3d DCA April 24, 2019) (Miller, J., dissenting) (discussing the majority’s abandonment of long-standing, controlling principles of law) remain.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Copeland v. Dep't OF Corr. & State of Fla., 200 So. 3d 221 (Fla. 5th DCA 2016)
- Edwards v. Reverse Mortg. Solutions, Inc., 187 So. 3d 895 (Fla. 3d DCA 2016)