Question
The Turmans executed a deed of trust note (note and mortgage) dated November 12, 2012, for $100,000 payable to Wards Home Improvement, Inc. The note
The Turmans executed a deed of trust note (note and mortgage) dated November 12, 2012, for $100,000 payable to Wards Home Improvement, Inc. The note was consideration for a contract: Ward was to construct a home on the Turmans property. The same day, Ward executed a separate written assignment of the note to Robert L. Pomerantz, which specifically used the word assigns. Ward did not endorse the note to Pomerantz or otherwise write on it. Ward did not complete the house; to do so would require the expenditure of an additional $42,000. Pomerantz maintained he is a holder in due course of the $100,000 note and demanded payment from the Turmans.
Does he get paid? Explain ( the case didn't mention that Pomerantz has paid for the note)
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