ONEWEST BANK
v.
LEEK-TANNENBAUM
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A surviving spouse who signed the mortgage as a borrower shall be treated as a borrower for purposes of the mortgage.
[1] A surviving spouse who executed a mortgage as a borrower is treated as a borrower for all purposes under the mortgage, as determined by the plain language of the mortgage…
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Join FLexlaw to unlock all legal intelligence“when the surviving spouse signed the mortgage as a borrower, as revealed by an examination of the mortgage itself, the spouse will be treated as a borrower for purposes of the mortgage”
The court's statement of the applicable legal principle from OneWest Bank, FSB v. Palmero
OneWest Bank sought to enforce a mortgage against Gloria Leek-Tannenbaum, a surviving spouse who had signed the mortgage as a borrower.…
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LOGUE, J.
Applying “our rather unremarkable precedent that, as a matter of law, when the surviving spouse signed the mortgage as a borrower, as revealed by an examination of the mortgage itself, the spouse will be treated as a borrower for purposes of the mortgage,” OneWest Bank, FSB v. Palmero, No. 3D14-3114, slip op. at 21 (Fla. 3d DCA Apr. 24, 2019) (en banc) (citation and quotation omitted), we affirm.
EMAS, C.J., concurs.
OneWest, N.A. v. Gloria Leek-Tannenbaum Case No. 3D18-244 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, No. 3D14-3114, at *38 (Fla. 3d DCA April 24, 2019) (Miller, J., dissenting) (discussing the majority’s abandonment of long-standing, controlling principles of law) remain.