Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

4. Brent Bentrim purchased a house by obtaining a loan from Bal of America. In 2002, Bentrim borrowed $182,700 from First Union National Bank, executing

image text in transcribed

4. Brent Bentrim purchased a house by obtaining a loan from Bal of America. In 2002, Bentrim borrowed $182,700 from First Union National Bank, executing a mortgage and note in First Union's favor during the process. Bentrim used the loan to pay off the first loan to Bank of America in full. First Union subsequently merged with Wachovia Bank in 2006. Wachovia sold its interests in the note to The Money Store Service Corporation which was a subsidiary of The Money Store, LLC. This LLC was in turn a subsidiary of Wachovia Bank. In 2011, Bentrim filed a complaint against Wells Fargo, who allegedly held the note after merging with Wachovia in 2009. Wells Fargo in turn counterclaimed for foreclosure on the balance of the note. According to the court, Wachovia gained holder-in-due-course status after because of the sale of the note to a subsidiary of its subsidiary, The Money Store Corp. Do you think this is what lawmakers had in mind when they created this doctrine? Since Wachovia held HDC status on the promissory note from Bentrim, would Wells Fargo also be considered a holder in due course after gaining the note through its merger with Wachovia? How did the court decide? [Bentrim v. Wells Fargo Bank, NA, SC: Court of Appeals (2017).]

Step by Step Solution

There are 3 Steps involved in it

Step: 1

blur-text-image

Get Instant Access to Expert-Tailored Solutions

See step-by-step solutions with expert insights and AI powered tools for academic success

Step: 2

blur-text-image

Step: 3

blur-text-image

Ace Your Homework with AI

Get the answers you need in no time with our AI-driven, step-by-step assistance

Get Started

Recommended Textbook for

Integrated Reporting

Authors: Chiara Mio

1st Edition

1137551488, 9781137551481

More Books

Students also viewed these Accounting questions

Question

=+a. Does it flow? (Can anyone read it out loud without stumbling?)

Answered: 1 week ago

Question

=+e. Does it use simple language, not technical jargon?

Answered: 1 week ago