Florida Statute 673.2031 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

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F.S. 673.2031

673.2031 Transfer of instrument; rights acquired by transfer.—

(1) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument.

(2) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee cannot acquire rights of a holder in due course by a transfer, directly or indirectly, from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument.

(3) Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of indorsement by the transferor, the transferee has a specifically enforceable right to the unqualified indorsement of the transferor, but negotiation of the instrument does not occur until the indorsement is made.

(4) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur. The transferee obtains no rights under this chapter and has only the rights of a partial assignee.

History.—s. 2, ch. 92-82.

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Amendments to 673.2031

Annotations, Discussions, Cases:

Cases Citing Statute 673.2031

Total Results: 8

Taylor v. Deutsche Bank National Trust Co.

44 So. 3d 618, 2010 Fla. App. LEXIS 11431, 2010 WL 3056612

District Court of Appeal of Florida | Filed: Aug 6, 2010 | Docket: 60295606

Cited 5 times | Published

foreclo*622sure of his mortgage. He also cites section 673.2031(3), Florida Statutes (2009), entitled “Transfer

Lucas v. BankAtlantic

944 So. 2d 1031, 2006 WL 1686486

District Court of Appeal of Florida | Filed: Jun 21, 2006 | Docket: 291078

Cited 1 times | Published

"instrument." § 673.1041(6), Fla. Stat. (2004). Section 673.2031(1), Florida Statutes (2004), provides that

RACSO DIAGNOSTIC v. Community Bank

735 So. 2d 519, 38 U.C.C. Rep. Serv. 2d (West) 486, 1999 Fla. App. LEXIS 7934, 1999 WL 270425

District Court of Appeal of Florida | Filed: Jun 16, 1999 | Docket: 1728433

Cited 1 times | Published

favor, as a holder of the checks pursuant to section 673.2031, Florida Statutes (1997), Racso would be a

ROBERTO VIEIRA and SHAWN D. VIEIRA v. PENNYMAC CORP.

241 So. 3d 193

District Court of Appeal of Florida | Filed: Mar 21, 2018 | Docket: 6340890

Published

2006- AR6, 178 So. 3d 67, 69 (Fla. 4th DCA 2015); § 673.2031(1), Fla. Stat. (2017) (“An instrument is transferred

In re Elowitz

550 B.R. 603, 75 Collier Bankr. Cas. 2d 1237, 26 Fla. L. Weekly Fed. B 205, 89 U.C.C. Rep. Serv. 2d (West) 823, 2016 Bankr. LEXIS 2206

United States Bankruptcy Court, S.D. Florida. | Filed: May 17, 2016 | Docket: 65788662

Published

right as a holder in due course[.]” Fla.' Stat. § 673.2031(2). However, “the transferee *612cannot acquire

Lirris Smith Gallimore v. Bank of America, National Association

184 So. 3d 1242, 88 U.C.C. Rep. Serv. 2d (West) 1177, 2016 Fla. App. LEXIS 2264, 2016 WL 625237

District Court of Appeal of Florida | Filed: Feb 17, 2016 | Docket: 3036653

Published

plaintiff to an indorsement. 4 See § 673.2031(3), Fla. Stat. (2015) (“[I]f an instrument is

Mario A. Rodriguez and Lendy Rodriguez v. Wells Fargo Bank, N.A. d/b/a America's Servicing Company

178 So. 3d 62, 2015 Fla. App. LEXIS 15239, 2015 WL 5948169

District Court of Appeal of Florida | Filed: Oct 14, 2015 | Docket: 2919777

Published

2011, Fla. Stat. (2010) (emphasis added). Section 673.2031, Florida Statutes, deals with “transfer” of

Connelly v. Matthews

899 So. 2d 1141, 2005 Fla. App. LEXIS 3060, 2005 WL 545133

District Court of Appeal of Florida | Filed: Mar 9, 2005 | Docket: 64837820

Published

unless the context otherwise requires. . See § 673.2031(1), Fla. Stat (2004) ("An instrument is transferred