BOOM! Mortgage Promissory Notes Are NOT NEGOTIABLE INSTRUMENTS…..ONE OF FLORIDA’S BEST JUDGES FINDS…..

This opinion is the first in Florida to specifically discuss the negotiability of promissory notes. Below, the state court issued an involuntary dismissal of the foreclosure action ruling that the promissory note secured by the mortgage was not a negotiable instrument. OneWest appeals.

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Mortgage Foreclosures, Missing Promissory Notes, and the Uniform Commercial Code: A New Article For the last few years I have been crossing the country giving lectures on what I now call the "Golden Rule of Mortgage Foreclosures," which is that such foreclosures cannot proceed without production of the original promissory note signed at the.

A New jersey appeals court has held in a published ruling that a party seeking to foreclose on a mortgage must have both the promissory note and a valid assignment of mortgage. But in a case where.

Vincent Black has a North Carolina broker’s license, but he is not licensed in Florida. He sells a parcel of land he owns in Florida. Assuming all else is proper, this is a legal transaction because: Florida law exempts from licensure individual owners selling their own.

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Terms Used In Florida Statutes 817.54. person: includes individuals, children. promissory note or other instrument evidencing a debt from any person or obtains the signature of any person to any mortgage, mortgage note, promissory note or other instrument evidencing a debt by color or.

In the state of Florida, if the note and the mortgage are split (broker making it an unsecured), how can they enter foreclosure? The note and the mortgage are split. The original paper work was processed with a split intentionally by the broker making it impossible to foreclose before.

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