Answered step by step
Verified Expert Solution
Link Copied!

Question

1 Approved Answer

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.

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

Essentials Of Health Policy And Law

Authors: Sara E. Wilensky, Joel B. Teitelbaum

5th Edition

1284247457, 978-1284247459

More Books

Students also viewed these Law questions

Question

What does a help desk do?

Answered: 1 week ago

Question

Outline the contributions of Socrates to psychology.

Answered: 1 week ago