Asked by Breana Gordon on Jul 15, 2024

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In case in the text Bank of America,N.A.v.Inda,why did the court hold that the bank was the holder of the note despite the fact that it transferred the beneficial interest to another entity and was only acting as the servicer of the loan?

A) The bank showed that it was a holder in due course.
B) The bank showed that its successor had transferred the note back to it.
C) The bank showed the chain of indorsements.
D) The bank showed that the note was payable to it or in blank and that it remained in possession of the note.

Beneficial Interest

The right to receive benefits on assets held by another party, such as income from a trust.

Holder In Due Course

A person who is a holder of a negotiable instrument who took the instrument for value, in good faith, without notice that it is overdue or has been dishonored or that there is any uncured default with respect to payment of another instrument issued as part of the same series, without notice that the instrument contains an unauthorized signature or has been altered, without notice of any claim of a property or possessory interest in it, and without notice that any party has any defense against it or claim in recoupment to it.

Loan Servicer

A company that manages a loan and performs tasks such as collecting payments from borrowers on behalf of the loan's owner.

  • Analyze case law to understand how indorsements and holder status are applied in legal contexts.
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GG
Gisselle GironJul 21, 2024
Final Answer :
D
Explanation :
Bank of America was entitled to enforce the note against Inda upon a showing (1)that the note was payable to Bank of America or was indorsed in blank and (2)that Bank of America remained in possession of the note.