WETHERELL, J.
CitiMortgage, Inc. (the bank) appeals the final judgment in favor of Appellees J.L. Loper, Jeffrey Turner, and Linda Turner in this mortgage foreclosure case. The bank argues that the trial court erred in determining that its mortgage did not encumber Loper's interest in the property that is the subject of the foreclosure action. We agree. Accordingly, we reverse the final judgment in part and remand for further proceedings.
In April 2007, the Turners acquired an undivided 1/2 interest in residential property on Gulfview Lane in Pensacola/Perdido Key from an entity controlled by Loper. Thereafter, the Turners executed a promissory note and mortgage in favor of the bank's predecessor by merger, ABN AMRO Mortgage Group, Inc. (ABN). The mortgage purported to give ABN a security interest in the entire Gulfview Lane property, not just the Turners' undivided 1/2 interest in the property. Loper was identified as a "Borrower" in the mortgage, and although he did not sign the promissory note executed by the Turners, he did sign the mortgage with the notation "Limited Purpose Execution." The mortgage does not contain a specific explanation of this notation, but it does include the following provision regarding "co-signers":
In March 2010, the bank filed a complaint to foreclose the mortgage because the Turners defaulted on their obligation to repay the promissory note. The bank subsequently amended the complaint to seek cancellation of a preexisting "private mortgage" between the Turners and Loper.
In February 2014, after a non-jury trial,
We review the trial court's interpretation of the mortgage under the de novo standard of review. See Rose v. Steigleman, 32 So.3d 644, 645 (Fla. 1st DCA 2010) ("A trial court's interpretation of a contract is a matter of law and is thus subject to de novo review."). "The cardinal rule of contractual construction is that when the language of a contract is clear and unambiguous, the contract must be interpreted and enforced in accordance with its plain meaning." Columbia Bank v. Columbia Developers, LLC, 127 So.3d 670, 673 (Fla. 1st DCA 2013). A contract is ambiguous when it is susceptible to more than one reasonable interpretation, but "where one interpretation of a contract would be absurd and another would be consistent with reason and probability, the contract should be interpreted in the rational manner." BKD Twenty-One Mgmt. Co., Inc. v. Delsordo, 127 So.3d 527, 530 (Fla. 4th DCA 2012).
Contrary to Loper's argument, the "Limited Purpose Execution" notation under his signature does not make the terms of the mortgage ambiguous. Instead, the notation supports the reasonable interpretation of the plain language of the mortgage that Loper executed the mortgage for the limited purpose of encumbering his 1/2 interest in the Gulfview Lane property, but not to obligate himself to repay the note executed by the Turners. To accept Loper's interpretation of the meaning and effect of the "Limited Purpose Execution" notation — that he signed the mortgage as an accommodation to the Turners to allow them to encumber only their 1/2 interest — would render the terms in Paragraph 13 meaningless and re-write the property definition included in the mortgage.
Moreover, the interpretation advocated by Loper is unreasonable because his signature would not have been required for the Turners to mortgage only their 1/2 interest in the Gulfview Lane property. See Gonzalez v. Chase Home Fin. LLC, 37 So.3d 955, 957 (Fla. 3d DCA 2010) (noting that a cotenant may encumber his or her own undivided interest in a jointly owned property); Hamilton v. Hughes, 737 So.2d 1248, 1249-50 (Fla. 5th DCA 1999) (holding that a mortgage encumbered only one cotenant's 1/2 interest in the subject property where only that cotenant signed the mortgage). Instead, Loper's signature on the mortgage would only be necessary if Loper and the Turners intended to grant the bank a security interest in the entire property. Cf. Hamilton, 737 So.2d at 1250 (explaining that one cotenant "cannot properly sell or dispose of more than his or her own interest in the common property to a third person unless authorized to do so").
In sum, because the plain language of the mortgage unambiguously gave the bank a security interest in the entire Gulfview Lane property, the trial court erred in concluding that the bank was not entitled to foreclose on Loper's 1/2 interest in the property. Moreover, because it is undisputed that the mortgage covered the Turners' 1/2 interest in the property (and that they intended to encumber their interest in the property when they executed the mortgage and promissory note), the trial court also erred in entering judgment in favor of the Turners on the foreclosure count. Accordingly, we reverse the final judgment on the foreclosure count and remand for further proceedings. In all other respects the final judgment is affirmed.
AFFIRMED in part; REVERSED in part; REMANDED for further proceedings.
WOLF and BILBREY, JJ., concur.