1. How do the requirements for negotiation of an instrument with a blank qualified indorsement, as was used in this case, differ from those for negotiation of an instrument with a special qualified indorsement?
2. Suppose that the indorsement at issue in this case had been written on a separate document that was not firmly affixed to the note. Would this document have constituted an allonge? Would Deutsche Bank be entitled to enforce the note? Explain.
3. The court’s opinion in this case indicates that indorsing a note “without recourse” does not undercut its negotiability. What effect does this type of indorsement have?
4. What is the most significant feature of a negotiable instrument according to the court in this case? How would a decision in the plaintiffs’ favor have affected this feature?

On October 6, 2005 Plaintiffs [Vernon Hammett and others] purchased a residential property in Alexandria. As part of that transaction, Plaintiffs executed a promissory note (the “Note”) in the amount of $ 475,000 and a deed of trusta ( the “Deed”) securing the note in favor of Encore Credit Corporation (“ Encore”).

  • CreatedJune 18, 2014
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