12 May DOES THE REFERENCE TO THE MORTGAGE IN THE NOTE CAUSE IT TO BE NONNEGOTIABLE?
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 Hills 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)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 Hills 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)
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