1. Chase Home Finance LLC v. Germanie Chad A. Jenkins
1. How does the concept of standing (review module 1, if necessary) relate to the issues in
this case? Note: A mortgage is a claim against real property (land) that secures (is
collateral for) a loan.
Standing is the legal right of a party to bring suit. One cannot rightfully invoke the
jurisdiction of the court unless he has, in an individual or representative capacity, some
real interest in the cause of action, or a legal or equitable right, title or interest in the
subject matter of the controversy. In this particular case, Germaine doesn’t have a case.
He signed a promissory note stating he would pay the mortgage. A promissory note is a
negotiable instrument. A promissory note is a written promise made by one person. It
can be made payable at a definite time or on demand.
2. What is a blank endorsement? How does it relate to the issues in this case?
A blank endorsement is an endorsement that specifies no particular endorsee and consist
of a mere signature. An order instrument that is indorsed in blank becomes a bearer
instrument. The subject promissory note was endorsed in blank by BNC Mortgage, Inc.,
and, therefore, is payable to bearer. The plaintiff, by way of its possession of an
instrument payable to bearer, is a valid holder of the instrument and, therefore, is entitled
to enforce it. Under the law of blank endorsement, he must pay the mortgage as
promised in the promissory note.
3. Based on the holding in this case and your reading from the chapter, consider the
following scenario:
2. Chase Home Finance LLC v. Germanie Chad A. Jenkins
1. A contracts B to do some work from him. A pays B with a check for payment of
$100. B owes C $100. B gives C the check from A and signs it with an
endorsement that says payable to C. Can C cash the check it. Why or why not?
Checks are demand instruments and when a check is given for payment, it is the
obligation of the person who wrote the check to ensure he has enough funds in the
bank. C can cash the check as B signed it with an endorsement that states payable
to C. As long as B properly endorsed the check and clearly wrote pay to the order
of C, then it is a legal binding promise to provide funds for C.