Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

Thomas Caraccia signed a note and mortgage in favor of VirtualBank to obtain funds to buy property in Palm Beach Gardens, Florida.VirtualBank indorsed the note

Thomas Caraccia signed a note and mortgage in favor of VirtualBank to obtain funds to buy property in Palm Beach Gardens, Florida.VirtualBank indorsed the note in blank, making it bearer paper, and transferred possession of the note to Bank of America.Bank of America transferred the note to U.S. Bank, which later gave the note back to Bank of America to collect Caraccia's payments on behalf of U.S. Bank.When Caraccia defaulted on the payments, U.S. Bank filed a suit in a Florida state court against him, seeking to enforce the note and foreclose on the property.Caraccia contended that cause the note was indorsed in blank and was not in the physical possession of U.S. Bank, the bank could not enforce it.Could the bank successfully argue that although it did not physically possess the note, it constructively possessed (exercised legal control) over it?Explain.

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

Public Law

Authors: John Stanton, Craig Prescott

3rd Edition

0192857460, 978-0192857460

More Books

Students also viewed these Law questions

Question

What is the most common type of security sold privately?

Answered: 1 week ago

Question

5. It is the needs of the individual that are important.

Answered: 1 week ago