EverBank v. Marini

Caroline and Gary Marini (defendants) jointly owned a home. When Gary sought an additional loan requiring both signatures, Caroline initially refused; Gary became enraged, berated her in front of their children, and waved scissors at her, after which she agreed to sign. She actually signed the mortgage documents the following night, in front of a notary. The loan was later assigned first to Bank of America and then to EverBank (plaintiff), which initiated foreclosure after the Marinis defaulted. Caroline argued the mortgage was void as to her because she signed under duress, and the trial court granted her summary judgment; EverBank appealed.