Question
Thomas See signed a note and mortgage from Virtual Bank to obtain funds to buy property in Palm Beach Gardens, Florida. Virtual Bank indorsed the
Thomas See signed a note and mortgage from Virtual Bank to obtain funds to buy property in Palm Beach Gardens, Florida. Virtual Bank indorsed the note in blank, making it a bearer paper and transferred possession of the note to Bank of America. Bank of America transferred the note to US Bank, which later gave the note back to Bank of America to collect See's payments on behalf of US Bank. When See defaulted on the payments, US Bank filed a suit in Florida state court against him, seeking to enforce the note and foreclose on the property. See contended that because the note was indorsed in blank and not in the physical possession of US 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 citing specific UCC provisions.
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