Fighting Foreclosure of a HELOC?

Lenders will often try to get a note and mortgage into evidence with a simple endorsement in blank of the promissory note.  This can be defeated.

The mortgage is the issue.

A mortgage follows a “note” but a mortgage does not follow a non-negotiable instrument. Since Florida Statutes Ch. 673 does not apply, the transfer of the mortgage is governed by chapter 679, which requires a written assignment. The attempted transfer of the non-negotiable instrument should be ignored.