Cengage Advantage Books: Fundamentals of Business Law Today 10th Edition by Roger LeRoy Miller

Exercise 18

Bearer Instruments. Eligio Gaitan borrowed the funds to buy real property at 4520 W. Washington Street in Downers Grove, Illinois, and he signed a note payable to Encore Credit Corp. Encore indorsed the note in blank. Later, when Gaitan defaulted on the payments, an action to foreclose on the property was filed in an Illinois state court by U.S. Bank, N.A. The note was in the possession of the bank, but there was no evidence that the note had been transferred or negotiated to the bank. Can U.S. Bank enforce payment of the note? Why or why not? [U.S. Bank National Association v. Gaitan, 2013 WL 160378 (2013)] (See Requirements for Negotiability.)