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State Street Bank and Trust Co. v. Lord
Florida District Court of Appeals
851 So.2d 790 (2003)
Hartley Lord (defendant) borrowed money secured by a mortgage and promissory note. After a series of assignments, EMC Mortgage Corporation assigned the documents to State Street Bank (plaintiff). When State Street sued to foreclose, the note could not be found. As it turned out, neither State Street nor EMC ever had the original. Instead, the note had been lost before EMC acquired the rights to it. The trial court entered summary judgment for Lord because Florida law requires someone enforcing a lost note to have actually possessed it and had a right to enforce it when lost, or to have acquired it directly from someone who did. The bank then appealed.
Rule of Law
Holding and Reasoning (Stone, J.)
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