The Florida Bar
The Florida Bar Journal
Negotiability of Promissory Notes in Foreclosure Cases: Ballast Is Not Luggage

by William H. Burgess III
The negotiability of promissory notes in mortgage foreclosure cases is the subject of extensive litigation in Florida courts. The central issue is what instructions or undertakings on a note destroy its negotiability. Arguing against the negotiability of the note has of late become an important defense against foreclosure. If the note is not negotiable, and the plaintiff is not the original maker of the note, the plaintiff cannot establish standing merely by possession of the original note endorsed in blank....
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President’s Page
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Business Law
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Tax Law
The New 3.8 Percent Tax on Net Investment Income of Individuals, Estates, and Trusts
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Real Property, Probate and Trust Law
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Labor and Employment Law
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January 2014

February 2014


[Revised: 03-27-2014]