DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA
FOURTH DISTRICT
July Term 2012
CHRISTOPHER W. HENDERSON,
Appellant,
v.
LITTON LOAN SERVICING, LP,
Appellee.
No. 4D10-1167
[July 18, 2012]

Whether the appellee is entitled to enforce the promissory note remains a disputed issue of material fact. In Harvey v. Deutsche Bank Nat’l Trust Co., 69 So. 3d 300, 303 (Fla. 4th DCA 2011), we explained that the person entitled to enforce a negotiable instrument such as a note is the “holder of the instrument.” (quoting 673.3011, Fla. Stat.) A “holder” is the person in possession of the instrument that is payable to bearer or to an identified person in possession. 671.201(21)(a), Fla. Stat. “Bearer” means “a person in possession of a negotiable instrument … that is payable to bearer or indorsed in blank.” 671.201(5), Fla. Stat. The note presented in these proceedings does not appear to have an endorsement in blank. Instead, the endorsement is to a specific entity, Wells Fargo, which is not the plaintiff in this case.

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Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm
Beach County; Meenu Sasser, Judge; L.T. Case No.
502009CA001464XXXXMB.

Copy of opinion below…

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HENDERSON vs LITTON LOAN SERVICING