Florida/Georgia Personal Injury & Workers Compensation

...orm Commercial Code to establish that it was the lawful holder of the note, entitled to enforce its terms. The note was a negotiable instrument subject to the provisions of Chapter 673, Florida Statutes (2008). An indorsement requires a "signature." § 673.2041(1), Fla....

...6 (6th ed.1990). Florida's Uniform Commercial Code does not specifically mention an allonge, but notes that "[f]or the purpose of determining whether a signature is made on an instrument, a paper affixed to the instrument is part of the instrument." § 673.2041(1), Fla....

...orm Commercial Code to establish that it was the lawful holder of the note, entitled to enforce its terms. The note was a negotiable instrument subject to the provisions of Chapter 673, Florida Statutes (2008). An indorsement requires a "signature." § 673.2041(1), Fla....

...The Court in Booker also noted that “Florida's Uniform Commercial Code does not specifically mention an allonge, but notes that '[f]or the purpose of determining whether a signature is made on an instrument, a paper affixed to the instrument is part of the instrument.' " 707 So.2d at 887 n. * (citing § 673.2041(1), Fla....

...[4] By Federal Expressing the check to Guarino, Talcott issued the check to him. See § 673.1051(1) (defining "issue" as "the first delivery of an instrument by the maker or drawer ... for the purpose of giving rights on the instrument to any person"). Guarino indorsed the check and cashed it with Any Kind. See § 673.2041(1) (defining "indorsement")....

...Although Florida's Uniform Commercial Code does not specifically mention an allonge, the Code provides that "[f]or the purpose of determining whether a signature is made on an instrument, a paper affixed to the instrument is a part of the instrument." § 673.2041(1), Fla....

...in the mortgage assignment transferred the note itself. But again, Florida law does not allow for a transfer in this method. To transfer a note, there must be an indorsement, which itself must be “on [the] instrument” or on “a paper affixed to the instrument.” § 673.2041(1), Fla....

...1st DCA 1998) (quoting Black’s Law Dictionary 76 (6th ed. 1990)) (quotation marks omitted). Although previous versions of Florida’s Uniform Commercial Code required the piece of paper to be firmly affixed to the instrument,1 the relevant version simply requires the paper to be affixed to the instrument. See § 673.2041(1), Fla....

...1 The copies of the note and mortgage both reflected July 20, 2006, as the date of the loan and named Mr. Walton as the borrower and NFS Loans, Inc., as the lender. The allonge filed with the complaint included the signature of an officer of NFS Loans, Inc., thus qualifying the document as an indorsement of the note. § 673.2041, Fla....

...§ 673.2011 (2). The term “indorsement” means “a signature, other than that of a signer as maker, drawer, or acceptor, that alone or accompanied by other words is made on an instrument for the purpose of negotiating the instrument [.]” Fla. Stat. § 673.2041 (1)....

...the biggest flaw in PennyMac’s contention that JP Morgan had standing at the inception of the suit. The major stumbling block is that the allonge was signed by a representative of JP Morgan, and there is no signature on the document by Chase Bank. Section 673.2041, Florida Statutes (2017), clearly requires a signature by the current note holder to constitute an indorsement and transfer of the note to another payee or bearer. § 673.2041, Fla....

...We have previously said, “[t]o transfer a note, there must be an indorsement, which itself must be ‘on [the] instrument’ or on ‘a paper affixed to the instrument.’” Jelic v. BAC Home Loans Servicing, LP, 178 So. 3d 523, 525 (Fla. 4th DCA 2015)(second alteration in original)(emphasis added)(quoting § 673.2041(1), Fla....

...Although Florida’s Uniform Commercial Code does not specifically mention an allonge, the Code provides that “[f]or the purpose of determining whether a signature is made on an instrument, a paper affixed to the instrument is a part of the instrument.” § 673.2041(1), Fla....

...original note proved standing, but this argument also fails. The first allonge contained a blank endorsement from Homefield, but it was undated and 4 not affixed to the note when the complaint was filed. See § 673.2041(1), Fla....

...icient because there was no competent evidence that PNMAC was authorized to execute the indorsement as attorney-in-fact for CitiMortgage. An indorsement is a “signature” on the note “for the purpose of negotiating the instrument.” § 673.2041(1), Fla....

...If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.” § 673.2011(2), Fla. Stat. (2019). A signature, “regardless of the intent of the signer,” is an indorsement unless the instrument unambiguously indicates the intent was to not sign as an indorser. § 673.2041(1), Fla....