THE WICKES CORPORATION, d/b/a Wickes Homes, a Delaware Corporation, Appellant, v. Ray Robert MOXLEY and Patricia B. Moxley, husband and wife, Appellees, 342 So. 2d 839

Summary

Appellant mobile home manufacturer was owed monies for homes sold by appellee mobile home dealers. Appellees signed a promissory note for indebtedness and gave appellant a second mortgage on their home to secure the indebtedness. The note subsequently went into default and appellant foreclosed. The trial court found that the mortgage was invalid, because it was not signed in the presence of two witnesses. On appeal, the court reversed, holding that although the prior version of Fla. Const. art. X, § 4, required a mortgage of homestead realty to be signed in the presence of two attesting witnesses, that requirement no longer applied after the adoption of the new Florida Constitution and the deletion of the words "duly executed" from the new constitutional provision, Fla. Const. art. X, § 4(c).