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Wells Fargo v. Chesney

Wells Fargo v. Chesney

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Published by Alina Virani

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Published by: Alina Virani on May 06, 2011
Copyright:Attribution Non-commercial

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06/26/2014

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IN
THECIRCUITCOURT
OF
THESIXTHJUDICIALCIRCUIT
IN
AND
FORPASCO
COUNTY,FLORIDAWELLSFARGOBANK,NA,Plaintiff,
v.
CHRISTOPHER
J.
CHESNEY,
et
aI.,
Defendant.
CASE
NO.51-2009-CA-6509-WS/G
___________
-----11
ORDERONMOTIONTO
DISMISS
This
matter
camebefore
thecourt
on
February9,
2010
upon
the
Motion
to
Dismissfiledhereinby
Defendant,Christopher
J.
Chesney.
The
court
hashad
thebenefit
of
the
arguments
and
memoranda
of
counseland
thecourt
is
otherwisefully
advisedin
the
premises.Basedon
the
foregoing,
it
is
ORDERED
as
follows:
1.
As
indicatedin
GeneralMotors
AcceptanceCorp.
v.
Honest
Air
Conditioning
&
Heating,
Inc.,
et
al.,
933
So.2d
34
(Fla.2dDCA
2006),the
Notein
this
casedoes
not
qualify
asa
"negotiable
instrument"
under
§
673.1041(1)(c).
Asin
GeneralMotorsAcceptance
Corp.,
the
Note
in
this
case
provides
for
anNSFfeeand
late
charges.
In
addition,
there
are
provisions
obligating
theborrowerto
re-execute
loan
documents
under
certain
specifiedconditions.
Consequently,
the
law
concerning
thetransfer
of
negotiableinstruments,
as
set
forth
in
WM
Specialty
Mortgage,
LLC
v.
Salomon,
874
So.2d
680
(Fla.
4th
DCA
2004),
does
not
applytothis
Note.2.While
"non-negotiable"
instruments
may
alsobeassigned,
there
isno
assignmentattached
tothe
Complaint
filed
herein.The
Noteand
Mortgageattached
tothe
Complaintaremade
in
favor
of
Washington
Mutual,
not
the
current
Plaintiff,WellsFargoBank,NA.The
failure
to
attach
an
assignment
was
condemned
in
Jeff-Ray

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