Florida/Georgia Personal Injury & Workers Compensation

...e in the present case carries no indorsement and is not a bearer instrument. Under the theory of his defense, therefore, only the “holder,” in this case First Franklin or arguably MERS, could seek foreclo *622 sure of his mortgage. He also cites section 673.2031(3), Florida Statutes (2009), entitled “Transfer of instrument, rights acquired by transfer,” which states that: Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder becaus...

...and altered check. Section 674.207(1) refers to the "transfer[ ]" of "an item." The definition of an "item" includes an "instrument." § 674.104(1)(i), Fla. Stat. (2004). The check here at issue is an "instrument." § 673.1041(6), Fla. Stat. (2004). Section 673.2031(1), Florida Statutes (2004), provides that "[a]n instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument." We see...

...2d DCA 1990); see also 1 Henry J. Bailey and Richard B. Hagedorn, Brady on Bank Checks § 5.07, at 5-18 n. 79 (revised ed.1999), and cases cited therein. If the factual issue of constructive delivery is ultimately decided in Racso's favor, as a holder of the checks pursuant to section 673.2031, Florida Statutes (1997), Racso would be a proper party plaintiff in a conversion action for payment of the checks over a forged endorsement....

...uires 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. Stat. (2010) (emphasis added). Section 673.2031, Florida Statutes, deals with “transfer” of a note and provides, in part: (1) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person recei...

...the exception announced in subsection (2) was adopted because “[a] person who is party to fraud or illegality affecting the instrument is not permitted to wash the instrument clean by passing it into the hands of a holder in due course and then repurchasing it.” § 673.2031, Fla....

...of lack of indorsement by the transferor, the transferee has a specifically enforceable right to the unqualified indorsement of the transferor, but negotiation of the instrument does not occur until the indorsement is made. § 673.2031, Fla....

...someone or some entity other than the plaintiff filing suit. In such case, documentation or evidence regarding ownership, assignment, or transfer of the note must prove the plaintiff has the rights of a holder. §§ 671.201(21); 671.2011(1); 673.2031(1), (2), and (3); 673.3011(2); and 673.3081(2), Fla....

...Stat. § 673.2051 (1), (2). The transfer of an instrument, “whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course[.]” Fla.' Stat. § 673.2031(2)....

...In all other respects not discussed in this opinion, the final judgment is affirmed. GROSS and MAY, JJ., concur. . Although there are three defendants we shall refer to them collectively as "defendant” unless the context otherwise requires. . See § 673.2031(1), Fla....

...entitled to enforce the instrument when loss of possession occurred.” (emphasis added). Standing may be established by possession of the note specially indorsed to the plaintiff or indorsed in blank. Peoples v. Sami II Tr. 2006- AR6, 178 So. 3d 67, 69 (Fla. 4th DCA 2015); § 673.2031(1), Fla. Stat. (2017) (“An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument.”); § 673.2031(2), Fla....

...That is because “if an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, the transferee has a specifically enforceable right to the unqualified indorsement of the transferor . . . .” § 673.2031(3), Fla....

...be presented to prove that, at the time suit was filed, the note bore a special indorsement in favor of the initial plaintiff, a blank indorsement, or a transfer of the note in compliance with the Uniform Commercial Code that entitles the initial plaintiff to an indorsement.4 See § 673.2031(3), Fla....