1. Business Case Problem with Sample AnswerNegotiation. Sandra Ford signed a note and a mortgage on

1. Business
Case Problem with Sample AnswerNegotiation. Sandra Ford signed a note and a mortgage on her home in
Westwood, New Jersey, to borrow $403,750 from Argent Mortgage Co. Argent
transferred the note and mortgage to Wells Fargo Bank, N.A., without
indorsement. The following spring, Ford stopped making payments on the note.
Wells Fargo filed a suit in a New Jersey state court against Ford to foreclose
on the mortgage. Ford asserted that Argent had committed fraud in connection
with the note by providing misleading information and charging excessive fees.
Ford contended that Wells

1. Business
Case Problem with Sample AnswerNegotiation. Sandra Ford signed a note and a mortgage on her home in
Westwood, New Jersey, to borrow $403,750 from Argent Mortgage Co. Argent
transferred the note and mortgage to Wells Fargo Bank, N.A., without
indorsement. The following spring, Ford stopped making payments on the note.
Wells Fargo filed a suit in a New Jersey state court against Ford to foreclose
on the mortgage. Ford asserted that Argent had committed fraud in connection
with the note by providing misleading information and charging excessive fees.
Ford contended that Wells Fargo was subject to these defenses because the bank
was not a holder in due course of the note. Was the transfer of the note from
Argent to Wells Fargo a negotiation or an assignment? What difference does it
make? If Argent indorsed the note to Wells Fargo later, would the banks status
change? Discuss. [Wells Fargo Bank, N.A. v. Ford, 418 N.J.Super. 592, 15
A.3d 327 (App.Div. 2011)] (See Transfer of Instruments.)

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