Florida Statutes

Fla. Stat. § 673.2031 (2025)

Transfer of instrument; rights acquired by transfer.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

Find cases: SyfertCases citing this section FL-LEGleg.state.fl.us JustiaFla. Statutes CornellLII Search CasesGoogle Scholar

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.

Notes of Decisions

Cited in 11 cases (1 in the last 5 years), 1999–2025 · leading case: Mario A. Rodriguez & Lendy Rodriguez v. Wells Fargo Bank, N.A. d/b/a Am.'s Servicing Co., 178 So. 3d 62 (Fla. 4th DCA 2015).

Sort: Relevance Newest Treatment

Mario A. Rodriguez & Lendy Rodriguez v. Wells Fargo Bank, N.A. d/b/a Am.'s Servicing Co., 178 So. 3d 62 (Fla. 4th DCA 2015). · cites it 10× “” § 673.2031, Fla. Stat. Ann., UCC cmt. 2 (West 2010).”

Roberto Vieira & Shawn D. Vieira v. Pennymac Corp., 241 So. 3d 193 (Fla. 4th DCA 2018). · cites it 6× “4th DCA 2015); § 673.2031(1), Fla. Stat. (2017) (“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.”

Taylor v. Deutsche Bank Nat'l Trust Co., 44 So. 3d 618 (Fla. 5th DCA 2010). · cites it 2× “He also cites section 673.2031(3), Florida Statutes (2009), entitled “Transfer of instrument, rights acquired by transfer,” which states that: Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of…”

Donna Murray & Marc Murray v. HSBC Bank USA, 157 So. 3d 355 (Fla. 4th DCA 2015). “This is the missing piece of the puzzle. See Appendix. As HSBC cannot prove that ACE had any right to enforce the note, it cannot derive any right from ACE and is not a nonholder in possession of the instrument with the rights of a holder to enforce.”

Amadou Wane v. The Loan Corp., 552 F. App'x 908 (11th Cir. 2014). “” Fla. Stat. § 673.2031 (1). BankUnited proffered sufficient evidence establishing Ms.”

Connelly v. Matthews, 899 So. 2d 1141 (Fla. 4th DCA 2005). · cites it 2× “See § 673.2031(1), Fla. Stat (2004) ("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.”

In re Elowitz, 550 B.R. 603 (Bankr. S.D. Florida 2016). “§ 673.2031(2). However, “the transferee *612 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.”

RACSO DIAGNOSTIC v. Cmty. Bank, 735 So. 2d 519 (Fla. 3d DCA 1999). · cites it 2× “If the factual issue of constructive delivery is ultimately decided in Racso's favor, as a holder of the checks pursuant to section 673.2031, Florida Statutes (1997), Racso would be a proper party plaintiff in a conversion action for payment of the checks over a forged…”

Lucas v. BankAtlantic, 944 So. 2d 1031 (Fla. 4th DCA 2006). · cites it 2× “Section 673.2031(1), Florida Statutes (2004), provides that "[a]n 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.”

Lirris Smith Gallimore v. Bank of Am., Nat'l Ass'n, 184 So. 3d 1242 (Fla. 4th DCA 2016). · cites it 2× “4 See § 673.2031(3), Fla. Stat. (2015) (“[I]f 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…”

Howell-Fedorov v. Bank Of Am., N.A. (S.D. Fla. 2025). · cites it 2× “See Fla. Stat. § 673.2031 . Accordingly, Plaintiffs fail to show a substantial likelihood of success on their fraudulent assignment claim.”

— 673.2031(1) — 3 cases

Roberto Vieira & Shawn D. Vieira v. Pennymac Corp., 241 So. 3d 193 (Fla. 4th DCA 2018). “4th DCA 2015); § 673.2031(1), Fla. Stat. (2017) (“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.”

Connelly v. Matthews, 899 So. 2d 1141 (Fla. 4th DCA 2005). “See § 673.2031(1), Fla. Stat (2004) ("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.”

Lucas v. BankAtlantic, 944 So. 2d 1031 (Fla. 4th DCA 2006). “Section 673.2031(1), Florida Statutes (2004), provides that "[a]n 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.”

— 673.2031(2) — 2 cases

— 673.2031(3) — 3 cases

Taylor v. Deutsche Bank Nat'l Trust Co., 44 So. 3d 618 (Fla. 5th DCA 2010). “He also cites section 673.2031(3), Florida Statutes (2009), entitled “Transfer of instrument, rights acquired by transfer,” which states that: Unless otherwise agreed, if an instrument is transferred for value and the transferee does not become a holder because of lack of…”

Lirris Smith Gallimore v. Bank of Am., Nat'l Ass'n, 184 So. 3d 1242 (Fla. 4th DCA 2016). “4 See § 673.2031(3), Fla. Stat. (2015) (“[I]f 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…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.