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

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How Negotiability Has Fouled Up the Secondary Mortgage Market, and What to Do About It. promissory notes, which derives in modem law from Article 3 of the. Therefore, the concept ought to be eliminated from the law of mortgage notes. This is not a new idea. More than a decade ago.

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.

Learn about important legal topics like "Frequency Asked Questions About Promissory Notes" at 12Law.com, where you can get Promissory Notes legal documents by answering step-by-step simple questions online. Try it for free and have your custom legal documents ready in only a few minutes. | Florida, NY

There have been arguments and some commentary that notes are not negotiable instruments any longer when they are securitized, but courts have not made rulings on this issue in any great number. Here is a link to a website regarding the issue:

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1. Murray, Negotiable Instruments, Survey of Florida Law, 18 U. MIAMI L. REv. 416. holder of the collateral note and mortgage has the power to accelerate, to. makers of the promissory note shall not be personally liable is effective.. 176 -179 (1967) for a succinct review of the problem presented in the Best case.

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