Florida/Georgia Personal Injury & Workers Compensation

...As an agent of First Magnus, Alday's hand printed signature was an effective signature under the Code. See §§ 673.4011(2)(b), 673.4021, Fla. Stat. (2008). The indorsement in this case was not a "special indorsement," because it did not "identif[y] a person to whom" it made the note payable. § 673.2051(1), Fla. Stat. (2008). Because it was not a special indorsement, the indorsement was a "blank indorsement," which made the note "payable to bearer" and allowed the note to be "negotiated by transfer of possession alone." § 673.2051(2), Fla....

...oreclosure because the lender did not own or hold the note. The lender did not file an answer brief. We have de novo review of whether a party has standing to bring an action. Westport Recovery Corp. v. Midas, 954 So.2d 750, 752 (Fla. 4th DCA 2007). Section 673.2051(1), Florida Statutes (2009), provides, in pertinent part: If an indorsement is made by the holder of an instrument, whether payable to an identified person or payable to bearer, and the indorsement identifies a person to whom it make...

...1(2)(b) and 673.4021, Florida Statutes. See Riggs v. Aurora Loan Servs., LLC, 36 So.3d 932, 933 (Fla. 4th DCA 2010). The indorsement is a blank indorsement since it does not identify a specific person to whom the note is payable. See id. Pursuant to section 673.2051(2), Florida Statutes, the note was payable to the bearer and could be transferred simply by possession....

...As an agent of First Magnus, Alday's hand printed signature was an effective signature under the Code. See §§ 673.4011(2)(b), 673.4021, Fla. Stat. (2008). The indorsement in this case was not a "special indorsement," because it did not "identif[y] a person to whom" it made the note payable. § 673.2051(1), Fla. Stat. (2008). Because *304 it was not a special indorsement, the indorsement was a "blank indorsement," which made the note "payable to bearer" and allowed the note to be "negotiated by transfer of possession alone." § 673.2051(2), Fla....

...ement of the foreclosure action. Further, no testimony or other evidence explained why the note attached to the complaint had no indorse-ments, while the original note offered into evidence contained an undated indorsement to Chase, but not to Bank. Section 673.2051(1), Florida Statutes (2013), provides that [i]f an indorsement is made by the holder of an instrument, whether payable to an identified person or payable to bearer, and the indorsement identifies a person to whom it makes the instrument payable, it is a “special indorsement.” When specially indorsed, an instrument becomes payable to the identified person and may be negotiated only by the in-dorsement of that person. Under section 673.2051(1), the special indorsement established that Chase had standing to bring the foreclosure action....

So.3d 300, 304 (Fla. 4th DCA 2011)); see also § 673.2051, Fla. Stat. (2010). In the present case, the

...Generally, “if an instrument is payable to an identified person, negotiation requires transfer of possession of the instrument and its indorsement by the holder.” *689 § 678.2011(2), Fla. Stat. (2015) (emphasis added). By definition, a “blank indorsement” must be “made by the holder” of the note. § 673.2051(2), Fla. Stat. (2015). An indorsement “made by a person who is not the holder” of the note is defined as an “anomalous indorsement.” § 673.2051(4), Fla....

...1 The allonge is dated March 8, 2006, which is the same date as the promissory note. It was signed by an assistant secretary with Option One Mortgage Corporation and contained a blank endorsement, making the note “payable to bearer and [negotiable] by transfer of possession alone until specially indorsed.” § 673.2051(2), Fla....

...Wells Fargo again alleged its ownership and possession of the note and mortgage, and again attached copies of the note, mortgage, and an assignment of mortgage. In addition, Wells Fargo attached an undated blank indorsement of the note from New Century Mortgage Corp. See § 673.2051(2), Fla....

...The note itself did not contain any indorsement, but an allonge signed by a representative of Tower Mortgage was attached to the note and filed with the complaint. 1 The allonge was a “special indorsement” because it named a specific payee, Long Beach Mortgage Company. § 673.2051(1), 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....

...al). The indorsement was dated August 18, 2006, over two years prior to the-filing of the complaint. Such indorsement in *420 blank made the note “payable to -bearer” and negotiable “by transfer of possession alone until specially indorsed.” § 673.2051(2), Fla....

...of ownership, the Bank presented sufficient evidence establishing that the allonge was an anomalous indorsement. An “anomalous indorsement” is statutorily defined as an “indorsement made by a person who is not the holder of the instrument.” § 673.2051(4), Fla....

...sh that it was the lawful holder of the note, entitled to enforce its terms.... [T]he indorsement was a “blank indorsement,” which made the note “payable to bearer” and allowed the note to be “negotiated by transfer of possession alone.” § 673.2051(2), Fla....

...Attached to the complaint was a copy of a note under which Mr. Costel Serban promised to repay a loan made by Gateway Funding Diversified Mortgage Services. The note was secured by a mortgage on real property. The last page of the note contained a blank endorsement from Gateway Funding. See § 673.2051(2), Fla....

...(MERS) acted as nominee on behalf of E.Q. Financial. The note did not have any indorsements, but attached to the note was an allonge, which made the note payable to Countrywide Home Loans, Inc. The allonge was a special indorsement because it named a specific payee: Countrywide. See § 673.2051(1), Fla....

...is the ‘owner and holder of the note’ is sufficient to establish the plaintiff’s standing at the inception of the lawsuit[]”), that affidavit was a nullity since negotiation of the note required not only possession, but an indorsement from Countywide to Ocwen. See § 673.2051(1), Fla....

...Ham as the borrower. After the signature page of the Note, an undated indorsement in blank (no designated payee) was attached, signed by the Vice President of 123Loan, LLC. This blank endorsement made the Note payable to the bearer. See § 673.2051(2), Fla....

...present designated holder of the note and mortgage with authority to pursue the present action.” The copy of the note attached to the complaint identified Bank of America, N.A. (“Bank of America”), as the lender. The note was not endorsed.1 1 Section 673.2051, Florida Statutes (2010), defines endorsement in part as follows: (1) If an indorsement is made by the holder of an instrument, whether payable to an identified person or payable to bearer, and the indorsement...

...Negotiability by simple transfer is one of the defining characteristic of this type of commercial paper. It reflects one major difference between a negotiable instrument and, for example, a deed to land. Any holder then became fully entitled to fill in the blank and name a specific payee, as happened here. See § 673.2051(3) (“The holder may convert a blank indorsement that consists only of a signature into a special indorsement by writing, above the signature of the indorser, words identifying the person to whom the instrument is made payable.”)....

...ndorsement identifies a person to whom it makes the instrument payable, it is a “special indorsement.” When specially indorsed, an instrument becomes payable to the identified person and may be negotiated only by the in-dorsement of that person. § 673.2051(1), Fla....

....] that 3 is payable to bearer or indorsed in blank.” § 671.201(5), Fla. Stat. (2013). “When indorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially indorsed.” § 673.2051(2), Fla....

to “the order of Countrywide Bank, N.A.” See § 673.2051(1), Fla. Stat. (stating that a special indorsement

...line of questioning, he would be held in contempt. At that point, Aquasol’s counsel orally moved for a continuance so he could prepare a written motion for disqualification of the trial judge, contending that the the note to itself. See § 673.2051(3), Fla....

...5th DCA 2015)) “‘If an indorsement is made by the holder of an instrument and it is not a special indorsement, it is a “blank indorsement.” When indorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially indorsed.’” (citing § 673.2051(2), Fla....

...ard to 1 "The term 'anomalous indorsement' means an indorsement made by a person who is not the holder of the instrument. An anomalous indorsement does not affect the manner in which the instrument may be negotiated." § 673.2051(4), Fla....

...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. Stat. The absence of a named recipient rendered it an indorsement in blank, making the note payable to bearer and negotiable by possession alone. § 673.2051(2), Fla....

...cluding the signature of the officer for NFS Loans, Inc. *833 However, the allonge filed in 2014 was a special indorsement because immediately following the words “Pay to the order of,” the hand-written words “New Century Mortgage” appeared. § 673.2051(1), Fla....

...id note and mortgage.” Suntrust attached to its complaint a copy of the note, with a special endorsement on the last page of the note signed but not dated by an official 2 of Bay Bank & Trust. See § 673.2051(1), Fla....

...In fact, nothing in the record suggested that the note ever left GMAC’s possession. Evidence of a blank indorsement on the note, without more, does not support appellees’ argument that the note was transferred, but only demonstrates that it could be transferred. See § 673.2051(2), Fla. Stat....

...the note up until the time it was lost. The evidence showed that the note was twice specially indorsed to U.S. Bank with no other indorsements and that U.S. Bank had been the owner of the note for several years before filing the foreclosure complaint. See § 673.2051(1) ("When specially indorsed, an instrument becomes payable to the identified person ....

...holder of an instrument and it is not a special indorsement, it is a “blank in-dorsement.” When indorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially indorsed. Fla. Stat. § 673.2051 (1), (2)....

endorsement only supports Deutsche Bank’s standing. Section 673.2051(3), Florida Statutes (2016), specifies that

...3d at 174 (finding there was insufficient evidence to establish standing when the original note, submitted after the bank filed its foreclosure complaint, contained an undated special indorsement). More importantly, the undated special indorsement was in favor of Washington Mutual Bank, and not Bank. Under section 673.2051(1), Florida Statutes (2009), when a note contains a special indorsement, the “instrument becomes payable to the identified person and may be negotiated only by the indorsement of that person.” See Dixon, 125 So....

...A plaintiff can also establish standing by submitting evidence that an equitable transfer of the mortgage and note occurred before the filing of a foreclosure complaint. See McLean, 79 So. 3d at 173. In the case of a note bearing a special indorsement, under section 673.2051(1), Florida Statutes (2014), the “instrument becomes payable to the identified person and may be negotiated only by the indorsement of that person.” See also Dixon v....

...person, negotiation requires transfer of possession of the instrument and its indorsement by the holder.” § 673.2011(2), Fla. Stat. (2015) (emphasis added). By definition, a “blank indorsement” must be “made by the holder” of the note. § 673.2051(2), Fla. Stat. (2015). An indorsement “made by a person who is not the holder” of the note is defined as an “anomalous indorsement.” § 673.2051(4), Fla....

...sti-ument. An indorser whose indorsement is canceled is discharged, and the discharge is effective against any subsequent holder. *659 Id. As the Uniform Commercial Code Comment explains, the section 673.2071 procedure is an exception to the rule in section 673.2051(1) that the person identified in a special indorsement must indorse the note to allow a later transferee to acquire the status of a holder: Reacquisition refers to cases in which a former holder reacquires the instrument either by negotiation from the present holder or by a transfer other than negotiation....

...1st DCA 2015). When a note is specially endorsed, as the note is in this case, it “becomes payable to the identified person and may be negotiated only by the indorsement of that person.” Lamb v. Nationstar Mortg., LLC, 174 So. 3d 1039, 1040 (Fla. 4th DCA 2015) (quoting § 673.2051(1), Fla....

...Forero, Case No. 2014 CA 000921 (Fla. 2d Cir., Leon Cnty.). The copy of the note attached to the complaint in the 2014 case included an undated blank indorsement, making the note payable to bearer and negotiable by transfer of possession alone. See § 673.2051(2), Fla....

...2004KS4 Trust (“JP Morgan Chase Bank”) are parties to the purchase and assumption agreement. “When specially indorsed, an instrument becomes payable to the identified person and may be negotiated only by the indorsement of that person.” § 673.2051(1), Fla....

...In 2005, the Brindises took out a loan and signed a promissory note, secured by a mortgage, to buy a home in Lee County. Countrywide Home Loans, Inc., was their lender. Later, U.S. Bank acquired the note by an assignment through a blank indorsement. See § 673.2051(2), Fla....

...indorsement." When specially indorsed, an instrument becomes payable to the identified person and may be negotiated only by the indorsement of that person. 3 § 673.2051(1), Fla....

...transferred it with a blank endorsement to HSBC, granting HSBC holder status. However, both the original note and its copies contain a special endorsement, not a blank endorsement, because it identifies Wells Fargo Bank as the entity to which the instrument was made payable. See § 673.2051, Fla....

..."If an indorsement is made by the holder of an instrument and it is not a special indorsement, it is a 'blank indorsement.' When indorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially indorsed." § 673.2051(2), Fla....

...LaSalle Bank, Nat’l Ass’n, 160 So. 3d 127, 129 (Fla. 4th DCA 2015). One way is to submit a note with a blank indorsement. Id. If a note is indorsed in blank, it is payable to the bearer and is “negotiated by transfer of possession alone.” § 673.2051(2), Fla....

...to the original plaintiff must establish as follows: "When specially indorsed, an instrument becomes payable to the identified person and may be negotiated only by the indorsement of that person." § 673.2051(1), Fla....

...She did not testify as to when the indorsements were placed on the note, and she did not know whether the original note the attorneys had in their possession when suit was filed included the indorsements. If a note is indorsed in blank, it is payable to the bearer and is “negotiated by transfer of possession alone.” § 673.2051(2), Fla....

...The original note was lost and the copy placed into evidence was specially indorsed to Aurora. “When specially indorsed, an instrument becomes payable to the identified person and may be negotiated only by the indorsement of that person.” § 673.2051(1), Fla....

...foreclosed upon by Aquasol, and thus, Aquasol defended the action. 2 Further, the evidence introduced at trial established that the original note came into HSBC’s possession indorsed in blank, and that HSBC subsequently indorsed the note to itself. See § 673.2051(3), Fla....

...indorsement is made by the holder of an instrument and it is not a special indorsement, it is a “blank indorsement.” When indorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially indorsed.’” (citing § 673.2051(2), Fla....

...The signature on an indorsement is presumed to be authentic and authorized. § 673.3081(1), Fla. Stat. (2019). “When indorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially indorsed.” § 673.2051, Fla. Stat. (2019). 3  An indorsement “made by a person who is not the holder” of the note is an “anomalous indorsement.” § 673.2051(4), Fla....

...with blank indorsements and produced an identical, original copy of the note. Deutsche Bank was in fact the holder of an instrument payable to bearer. See § 671.201(21)(a). Moreover, an instrument with an anomalous indorsement does not alter the negotiation of the instrument. See § 673.2051(4)....

...The indorsement on the note was made from IndyMac in blank, meaning the holder’s indorsement was no longer required for negotiation. Because the note contained an indorsement in blank from IndyMac, Deutsche Bank was free to negotiate the instrument because it possessed the original note. See § 673.2051(2). Additionally, an anomalous indorsement does not affect the manner of negotiation. See § 673.2051(4)....

...With this note, no break in the chain of transfer occurred: Solutions Funding indorsed to IndyMac, and IndyMac indorsed to blank. Because there was a special indorsement from Solutions Funding to IndyMac, IndyMac was the holder. As a result, IndyMac’s indorsement was not anomalous. See § 673.2051(1); see also § 673.2051(4). Standing The borrower argues that Deutsche Bank failed to prove standing. Deutsche Bank responds that it established its standing by showing 4 holder status...

181 So.3d 562, 564 (Fla. 4th DCA 2015) (quoting § 673.2051(2), Fla. Stat. (2014)). If a plaintiffs standing

...s material herein, Fannie Mae was in constructive possession of the note and thus had standing to file suit to enforce it. (2015) (“An instrument payable to an identified person may become payable to bearer if it is indorsed in blank pursuant to s. 673.2051(2).”); § 673.2051(2), Fla. Stat....

...“If the note does not name the plaintiff as the payee, the note must bear, a special [indorsement in favor of the plaintiff or a blank [in-dorsement.” Id. “When specially indorsed, an instrument becomes payable to the identified person and may be negotiated only by the indorsement of that person.” § 673.2051(1), Fla....