Florida/Georgia Personal Injury & Workers Compensation

...POLSTON, C.J., and CANADY, J„ concur in result only. . Amicus briefs were filed by the law firm of Kaufman, Englett, and Lynd; the Mortgage Bankers Association and the Florida Bankers Association; and the Florida Land Title Association and the American Land Title Association. . Section 673.2011(1), Florida Statutes (2008), defines the term "negotiation” as "a transfer of possession, whether voluntary or involuntary, of an instrument by a person *27 other than the issuer to a person who thereby becomes its holder." If an instrument is payable to an identified person, "negotiation requires transfer of possession of the instrument and its indorsement by the holder.” § 673.2011(2), Fla....

...[s]tates that it is payable to or to the order of cash or otherwise indicates that it is not payable to an identified person." § 673.1091(1), Fla. Stat. "If an instrument is payable to bearer, it may be negotiated by transfer of possession alone." § 673.2011(2), Fla....

...Taylor argued before the trial court, as he does before this court, that because the note was not indorsed and contained neither an allonge 2 nor a specific assignment, it was payable only to First Franklin, and that Deutsche Bank, therefore, had no standing to attempt to enforce it. Mr. Taylor points out that section 673.2011, Florida Statutes (2009), requires, “[ejxcept for negotiation by remitter, if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and indorsement by the holder....

...4th DCA 2016) (“A substituted plaintiff can acquire standing to foreclose if the original, party had standing.” (citing Assil v. Aurora Loan Servs., LLC, 171 So.3d 226, 227 (Fla. 4th DCA 2015))). After all, that is the entire purpose of negotiability. See § 673.2011, Fla....

...The last page of the copy of the note attached to the complaint, page 3, contained Mr. Seidler’s undated signature. No indorsement or other indication of negotiation of the note appeared on this copy of page 3 of the note. No additional pages were attached. See § 673.2011, 673.2051, Fla....

...Agreement (“Pay to the order of ______, without recourse”). Once this blank indorsement was made on the note, the note became bearer paper, fully negotiable by simple transfer, like a signed check made out to cash or a signed check with the payee left blank. See, e.g., § 673.2011 (“If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.”)....

...ually and physically possessed the shares and was the "bearer" referred to in the 2007 incumbency certificate or—and this is the real point—at the time of Mr. Griem's death. Bearer Shares Under the BVI Business Companies Act The appellee relies on section 673.2011(1), Florida Statutes (2005), which states, "[I]f an instrument is payable to bearer, it may be negotiated by transfer of possession alone." The Uniform Commercial Code Comment 1 to this provision in effect in Florida states: [I]f an...

...t is stolen by Thief or is found by Finder, Thief or Finder becomes the holder of the instrument when possession is obtained. In this case there is an involuntary transfer of possession that results in negotiation to Thief or Finder. Fla. Stat. Ann. § 673.2011, cmt....

...heck with the payee left blank. Negotiability by simple transfer is one of the defining characteristics of this type of commercial paper. It reflects one major difference between a negotiable instrument and, for example, a deed to land.” citing § 673.2011, Fla....

...These statutory provisions have not been discussed extensively in the case law regarding standing. Nonetheless, these provisions have significant importance for an analysis of standing, because they impact how the two core elements of standing play out. Section 673.2011, Florida Statutes, addresses “negotiation” and provides: (1) The term “negotiation” means a transfer of possession, whether voluntary or involuntary, of an instrument by a person other than the issuer to...

...payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder. If an instrument is payable to bearer, it may be negotiated by transfer of possession alone. § 673.2011, Fla....

...Negotiation of the Note A negotiable instrument may be transferred by “negotiation.” The term “negotiation” means “a transfer of possession, whether voluntary or involuntary, of an instrument by a person other than the issuer to a person who thereby becomes its holder.” Fla. Stat. § 673.2011 (1). “[I]f an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder.” Fla. Stat. § 673.2011 (2)....

...FFIRMATIVE RELIEF ON BEHALF OF THE PLAINTIFF HAS BEEN OBTAINED FROM THE COURT? Affirmed. GROSS, C.J., STEVENSON, TAYLOR, MAY, DAMÓORGIAN, CIKLIN, GERBER, LEVINE and CONNER, JJ„ concur. HAZOURI, J., recused. POLEN, J., dissents with opinion. . See § 673.2011(2), Fla....

...ank or special indorsement when it filed the complaint. Generally, “if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder.” § 673.2011(2), Fla....

...Possession of the original note is a significant event under the Uniform Commercial Code. For example, a “negotiation” requires “a transfer of possession, whether voluntary or involuntary, of an instrument by a person other than tjhe issuer to a person who thereby becomes the holder.” § 673.2011(1), Fla....

...enario is that World Savings Bank never transferred the note and that the special indorsement was placed on the note by mistake. If the note was never transferred, it was not negotiate ed, and Fannie Mae never acquired the status of. a holder. See §§ 673.2011(1), 673.2031(1), Fla....

...; (b) [d]oes not state a payee; or (c) [s]tates that it is payable to or to the order of cash or otherwise indicates that it is not payable to an identified person.” § 673.1091(1), Fla. Stat. “If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.” § 673.2011(2), Fla....

...BAC Home Loans Servicing, LP, 178 So. 3d 523, 525 (Fla. 4th DCA 2015); HSBC Bank USA, Nat’l Ass’n v. Buset, 241 So. 3d 882, 891 (Fla. 3d DCA 2018); US Bank, NA for Truman 2012 SC2 Title Tr. v. Glicken, 228 So. 3d 1194, 1196 (Fla. 5th DCA 2017). Thus, under section 673.2011, Florida Statutes, “[i]f an instrument is payable to bearer, it may be negotiated by transfer of possession alone.” Following transfer of possession, the holder of the instrument or a “nonholder in possession of the instrument who has the rights of a holder” is entitled to enforce the instrument....

..."[A] person entitled to enforce the note and foreclose on a mortgage is the holder of the note, a non-holder in possession of the note who has the rights of a holder, or a person not in possession of the note who is entitled to enforce . . . ." Gorel v. Bank of N.Y. Mellon, 165 So. 3d 44, 46 (Fla 5th DCA 2015) (citing § 673.2011, Fla....

...“[I]f an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder. If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.” § 673.2011(2), Fla....

...See § 671.201(21)(a). Moreover, an instrument with an anomalous indorsement does not alter the negotiation of the instrument. See § 673.2051(4). If the instrument were payable to an identified person, negotiation would require indorsement by the holder. See § 673.2011(2)....