Question

The Federal National Mortgage Association (Fannie Mae) wanted to foreclose on the house and sell it to recover the balance due. Smith argued that the words "to the order of ____________" in the endorsement made the note an incomplete order instrument and that Fannie Mae could not enforce it. What is Fannie Mae's best response to this argument

Answer 1

Answer:

Fannie Mae would argue that "to the order of" is a complete order instrument that needs endorsement and can be enforced. "Pay to the order of" are negotiable instruments that must be paid via endorsement and delivery.

Explanation:

The Federal National Mortgage Association (Fannie Mae) wanted to foreclose on the house and sell it to recover the balance due. Smith argued that the words "to the order of " in the endorsement made the note an incomplete order instrument and that Fannie Mae could not enforce it. What is Fannie Mae's best response to this argument

Smith argued, among other things, that the indorsement on the note rendered it incomplete and "insufficient to support the use of executory process and,the words "to the order of [blank]" included in the subject indorsement made the instrument incomplete order paper, not bearer paper, and thus Fannie Mae could not properly enforce the note.However,Fannie Mae would argue that "to the order of" is a complete order instrument that needs endorsement and can be enforced. "Pay to the order of" are negotiable instruments that must be paid via endorsement and delivery.