Third Federal Savings & Loan Association of Cleveland v. Koulouvaris, Case No. 2D17-773, (Fla. 2nd DCA May 18, 2018)
HELOC is not a negotiable instrument. On Friday, May 18, 2018, the Second District Court of Appeal issued an opinion stating that a Home Equity Line of Credit (“HELOC”) is not a negotiable instrument as it is not an unconditional promise to pay a fixed amount of money. See Fla. Stat. 673.1041(1). Accordingly, the Second District Court of Appeal held that the trial court was correct in rejecting the admission of the HELOC into evidence as it was not self- authenticating as the note was not a negotiable instrument.
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