Chapter 4-2 Surrender of the Original Note

• Jurisdiction: Florida

4-2 Surrender of the Original Note

Because a promissory note is a negotiable instrument, it is necessary to surrender the original note to the court to remove it from the stream of commerce and prevent the negotiation of the note to another person.⁹ If the plaintiff is not in possession of the original note, it must reestablish the lost note pursuant to Fla. Stat. § 673.3091.¹⁰ The mortgage follows the note as an incident to the debt.¹¹ Therefore, the plaintiff is not required to produce the original mortgage to foreclose.¹²

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Notes:

^[9]Heller v. Bank of Am., N.A., 209 So. 3d 641, 644 (Fla. 2d DCA 2017) (reversing final judgment and remanding for a new trial where the bank admitted a copy of the note instead of the original at trial, and the original note had not been filed with the...