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Good morning, ladies and gentlemen. My name is YOUR NAME. I am entrusted by the defendants, Mr. Stephen Steel and his wife, Mrs. Steele, as their attorney in this case. We are here to determine whether Mr. Steele should be foreclosed on the property in East Hampton, New York, by Beneficial Homeowner Service Corporation and whether Mrs. Steele should be enlisted as a defendant in this case. Mr. and Mrs. Steele has never signed on the mortgage alleged by Beneficial with the unpaid capital principal of $ 91,614.34 plus interest, which is said to be secured by the property in East Hampton. We will present evidence to prove that Mr. Steele is the only person who has signed the Loan Agreement claimed by Beneficial and that consequently, Mrs. Steele shall not be accounted for any payment of the debts. We will call the attorney responsible for the mortgage to testify that neither Mr. Steele nor Mrs. Steele has signed on the mortgage which takes the property in East Hampton as the underlying security. In addition, we will call the guarantee of the mortgage to testify that Mrs. Steele is not involved in the mortgage of the property. Section 432.010.1 of Statute of Frauds stipulates that agreements “shall be in writing and signed by the party to be charged therewith” (“Missouri Revised Statutes”). Nonconformity with the stipulation can lead to the unenforceability of the agreement. In this case, the mortgage is not signed by Mr. or Mrs. Steele, which makes the foreclosure unenforceable. To conclude, I hope that with the evidence that have been provided and to properly protect the legitimate rights of the parties involved, you will find that the foreclosure of the property in East Hampton, New York, by Beneficial cannot be enforced due to the lack of valid signature and that Mr. Steele is solely responsible for the payment of the loan under the Loan Agreement and that Mrs. Steele shall not be accountable as a party to the mortgage. Thank you!
Works Cited
“Missouri Revised Statutes.” Missouri Legislature. http://www.moga.mo.gov/mostatutes/st
athtml/43200000101.html. Accessed 21 June 2017.