“The Florida Uniform Commercial Code speaks of the transferable right of enforcement of the secured obligation, commonly referred to as the “promissory note”. Generally, the right of en-forcement of the promissory note is transferable only by delivery of the instrument itself to the transferee.
The key issue is transfer. Defense counsel must identify the circumstances surrounding the transfer of the Note. This is important in instances where evidence exists that the note has been transferred such as when a Trust is suing, or in instances where evidence is not readily apparent that the note has been transferred.”