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Mortgage Promissory Notes Are NOT NEGOTIABLE INSTRUMENTS.ONE OF FLORIDA’S BEST JUDGES FINDS. Let’s start with real basic stuff here. Sometimes law is complex, nuanced, difficult.
"The mortgage follows the assignment of the promissory note, but an assignment of the mortgage without an assignment of the debt creates no rights in the assignee." Tilus, Case No. 4D13-3616. However, federal case law has found that "unless there is a plain and clear agreement to the contrary, both the mortgage and note are assigned as.
One of the enduring principles of negotiable instruments law is that the "mortgage follows the note." Thus, even though a lender may think it has a perfected security interest in a piece of real estate through a recorded mortgage or deed of trust, failure to perfect against the note itself-by taking possession or filing a UCC financing.
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ok now since you are familiar with securitization and trust I hear a couple of things that I would like to know if there is any truth to them, 1. when a note ( a negotiable instrument) is securitized and sold as a RMBS it is "converted" to a security and is no longer considered a negotiable instrument, true or false? and also when the trust is created and they form a REMIC they get some type.
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