673.2041
Indorsement.
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673.2041 Indorsement.—
(1) The term “indorsement” means a signature, other than that of a signer as maker, drawer, or acceptor, that alone or accompanied by other words is made on an instrument for the purpose of negotiating the instrument, restricting payment of the instrument, or incurring indorser’s liability on the instrument; but, regardless of the intent of the signer, a signature and its accompanying words is an indorsement unless the accompanying words, terms of the instrument, place of the signature, or other circumstances unambiguously indicate that the signature was made for a purpose other than indorsement. For the purpose of determining whether a signature is made on an instrument, a paper affixed to the instrument is a part of the instrument.
(2) The term “indorser” means a person who makes an indorsement.
(3) For the purpose of determining whether the transferee of an instrument is a holder, an indorsement that transfers a security interest in the instrument is effective as an unqualified indorsement of the instrument.
(4) If an instrument is payable to a holder under a name that is not the name of the holder, indorsement may be made by the holder in the name stated in the instrument or in the holder’s name or both, but signature in both names may be required by a person paying or taking the instrument for value or collection.
History.—s. 2, ch. 92-82.
Notes of Decisions
Cited in 16
cases, 1998–2020 · leading case: Harvey v. Deutsche Bank National Trust Co.
Harvey v. Deutsche Bank National Trust Co. (2011)
“" § 673.2041(1), Fla. Stat. (2008). As an agent of First Magnus, Alday's hand printed signature was an effective signature under the Code.”
Riggs v. AURORA LOAN SERVICES, LLC (2010)
“” § 673.2041(1), Fla. Stat. (2008). As an agent of First Magnus, Alday’s hand printed signature was an effective signature under the Code.”
ROBERTO VIEIRA and SHAWN D. VIEIRA v. PENNYMAC CORP. (2018)
“§ 673.2041, Fla. Stat. (“The term ‘indorsement’ means a signature .”
Nick Purificato and Denise L. Purificato a/k/a Denise Purificato v. Nationstar Mortgage, LLC (2016)
“See § 673.2041(1), Fla. Stat. (2010). The rationale underlying the affixation requirement is “to protect subsequent purchasers from the risk that the present holder or a previous holder has negotiated the instrument to someone outside the apparent chain of title through a…”
Wells Fargo Bank, N.A. v. Bohatka (2013)
“* (citing § 673.2041(1), Fla. Stat. (1995)); see generally Richard A.”
Isaac v. Deutsche Bank National Trust Co. (2011)
“…whether a signature is made on an instrument, a paper affixed to the instrument is a part of the instrument.” § 673.2041(1), Fla. Stat.”
Booker v. Sarasota, Inc. (1998)
“…whether a signature is made on an instrument, a paper affixed to the instrument is part of the instrument." § 673.2041(1), Fla. Stat. (1995).”
PMT NPL Financing v. Centurion Systems (2018)
“” § 673.2041(1), Fla. Stat. (2013). A signature can be placed on an instrument by a person or a person’s representative.”
Diana Jelic v. Bac Home Loans Servicing, LP (2015)
“” § 673.2041(1), Fla. Stat. Here, the signature on the mortgage assignment did not constitute an indorsement of the note because it was not on the note or an attached paper.”
Robert K. Walton v. Deutsche Bank National Trust Co., etc. (2016)
“§ 673.2041, Fla. Stat. The absence of a named recipient rendered it an indorsement in blank, making the note payable to bearer and negotiable by possession alone.”
In re Elowitz (2016)
“]” Fla. Stat. § 673.2041 (1). There are two primary types of indorsements — special indorse-ments and blank indorsements: (1) If an indorsement is made by the holder of an instrument, whether payable to an identified person or payable to bearer, and the indorsement identifies a…”
Amadou Wane v. The Loan Corporation (2014)
“4th DCA 2011) (quoting Fla. Stat. § 673.2041 (1)). 5 . Thus, we do not have to decide whether 15 U.”
— 673.2041(1) — 13 cases
Harvey v. Deutsche Bank National Trust Co. (2011)
“" § 673.2041(1), Fla. Stat. (2008). As an agent of First Magnus, Alday's hand printed signature was an effective signature under the Code.”
Riggs v. AURORA LOAN SERVICES, LLC (2010)
“” § 673.2041(1), Fla. Stat. (2008). As an agent of First Magnus, Alday’s hand printed signature was an effective signature under the Code.”
Nick Purificato and Denise L. Purificato a/k/a Denise Purificato v. Nationstar Mortgage, LLC (2016)
“See § 673.2041(1), Fla. Stat. (2010). The rationale underlying the affixation requirement is “to protect subsequent purchasers from the risk that the present holder or a previous holder has negotiated the instrument to someone outside the apparent chain of title through a…”
Wells Fargo Bank, N.A. v. Bohatka (2013)
“* (citing § 673.2041(1), Fla. Stat. (1995)); see generally Richard A.”
Isaac v. Deutsche Bank National Trust Co. (2011)
“…whether a signature is made on an instrument, a paper affixed to the instrument is a part of the instrument.” § 673.2041(1), Fla. Stat.”
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