Question: Eligio Gaitan borrowed the funds to buy real property in
Eligio Gaitan borrowed the funds to buy real property in Downers Grove, Illinois, and signed a note payable to Encore Credit Corp. Encore indorsed the note in blank. Later, when Gaitan defaulted on the payments, an action to foreclose on the property was filed in an Illinois state court by U. S. Bank, N. A. The note was in the bank’s possession, but there was no evidence that the note had been transferred or negotiated to the bank. Can U. S. Bank enforce payment of the note? Why or why not?
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