SHAPIRO v. FAMILY BANK OF HALLANDALE

No. 88-1595.

538 So.2d 944 (1989)

Herbert S. SHAPIRO, et al., Appellants, v. FAMILY BANK OF HALLANDALE, et al., Appellees.

District Court of Appeal of Florida, Third District.

February 14, 1989.


Attorney(s) appearing for the Case

Akerman, Senterfitt & Eidson and G. Alan Howard and William E. Sadowski, Miami, Randall Rubin, for appellants.

Fromberg, Fromberg & Lewis and Malcolm Fromberg and Elsa Alvarez, Miami, for appellees.

Before SCHWARTZ, C.J., JORGENSON, J., and JOHN G. FERRIS, Associate Judge.


SCHWARTZ, Chief Judge.

It is unnecessary in this case to decide whether, as the appellant contends, a borrower's physical possession of the note involved in a note and mortgage financing transaction ordinarily prevails over the security interest of the lender notwithstanding that the lender has recorded an assignment of the mortgage. See J. White & R. Summers, Uniform Commercial Code § 23-7, at 270-72 (3d ed. 1988). Contra Rucker v. State Exchange Bank...

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