TAYLOR v. ROEDER

Record No. 840671.

360 S.E.2d 191 (1987)

Frederick R. TAYLOR, Jr., Trustee, et al. v. William F. ROEDER, Jr., Trustee.

Supreme Court of Virginia.

September 4, 1987.


Attorney(s) appearing for the Case

Bennett A. Brown (Gilliam, Sanders & Brown, Fairfax, on brief), for appellants.

Joyce A. Naumann Massey (Carl M. Rizzo, Roeder, Durrette & Davenport, P.C., Fairfax, on brief), for appellee.

Federal Home Loan Mortg. Corp. (Garrett C. Burke, Scott C. Reed, Michael S. Miller, Kirkpatrick & Lockhart, Washington, D.C., on brief), amicus curiae for appellee.

Present: All the Justices.


RUSSELL, Justice.

The dispositive question in this case is whether a note providing for a variable rate of interest, not ascertainable from the face of the note, is a negotiable instrument. We conclude that it is not.

The facts are undisputed. VMC Mortgage Company (VMC) was a mortgage lender in Northern Virginia. In the conduct of its business, it borrowed funds from investors, pledging as security the notes secured by deeds of trust which it had obtained...

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