March 7, 2009

Florida Supreme Court: Produce The Note

“Under evidence that mortgagor appeared at bank on date when note secured by mortgage was due, during bank’s business hours, for purpose of paying note, and would have paid same if it had been in bank, held that, under Comp. Gen. Laws 1927, Sec. 6832, such action on part of mortgagor was equivalent to tender of payment and bank was required thereafter to give mortgagor reasonable notice of the whereabouts of the note, before the holder thereof could declare a default and proceed to foreclose.” (emphasis added)

Voges Motor Co. v. Ward, 123 So. 785 (Fla. 1929)

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