Mgmt 597 Week 3 Assingment

In: Business and Management

Submitted By vmontalvo
Words 1764
Pages 8
Veveanna Montalvo
Week 3 Assignment

22.10
Reference to Another Agreement Holly Hill Acres, Ltd. (Holly Hill), purchased land from Rogers and Blythe. As part of its consideration, Holly Hill gave Rogers and Blythe a promissory note and purchase money mortgage. The note read, in part, “This note with interest is secured by a mortgage on real estate made by the maker in favor of said payee. The terms of said mortgage are by reference made a part hereof.” Rogers and Blythe assigned this note and mortgage to Charter Bank of Gainesville (Charter Bank) as security in order to obtain a loan from the bank. Within a few months, Rogers and Blythe defaulted on their obligation to Charter Bank. Charter Bank sued to recover on Holly Hill’s note and mortgage. Does the reference to the mortgage in the note cause it to be nonnegotiable? Holly Hill Acres, Ltd. v. Charter Bank of Gainesville, 314 So.2d 209, Web 1975 Fla.App. Lexis 13715 (Court of Appeal of Florida)

Does the reference to the mortgage in the note cause it to be nonnegotiable?
Answer:
Holly Hill acres, Ltd purchased the land from Rogers and Blythe. Holly Hill issued a promissory note for the mortgage to Rogers and Blythe, a couple of months later Rogers and Blythe took out a loan from Charter Bank of Gainesville. In order for Rogers and Blythe to secure the loan they took out from Charter Bank they had to transfer the promissory note they had created with Holly Hill. Sometime later Rogers and Blythe defaulted on the loan. Charter Bank sued in order to recover on the Holly Hill’s promissory note.
From that information the mortgage in the note is nonnegotiable. Some of the reasons why Charter Bank doesn’t have a negotiable contract are because of the initial contract from Holly Hill to Rogers and Blythe was a conditional promise to pay. Upon Rogers and Blythe transferring the rights to Charter Bank promise became…...

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