Who is Holder in Due Course in FL?

Pursuant to F.S 673.3021

a party cannot become holder in due course if it purchased a mortgage loan that is in default or bought the mortgage as part of a bulk purchase.
Therefore the purchaser of mortgages of a failed bank cannot claim holder in due course status. That's a legal weapon that can be used against pretender lenders.

673.3021 Holder in due course.—
(1) Subject to subsection (3) and s. 673.1061(4), the term “holder in due course” means the holder of an instrument if:
(a) The instrument when issued or negotiated to the holder does not bear such apparent evidence of forgery or alteration or is not otherwise so irregular or incomplete as to call into question its authenticity; and
(b) The holder took the instrument:
1. For value;
2. In good faith;
3. Without notice that the instrument is overdue or has been dishonored or that there is an uncured default with respect to payment of another instrument issued as part of the same series;
4. Without notice that the instrument contains an unauthorized signature or has been altered;
5. Without notice of any claim to the instrument described in s. 673.3061; and
6. Without notice that any party has a defense or claim in recoupment described in s. 673.3051(1).


F.S. 673.3021(3)
Except to the extent a transferor or predecessor in interest has rights as a holder in due course, a person does not acquire rights of a holder in due course of an instrument taken:
(a) By legal process or by purchase in an execution, bankruptcy, or creditor’s sale or similar proceeding;
(b) By purchase as part of a bulk transaction not in ordinary course of business of the transferor; or
(c) As the successor in interest to an estate or other organization.

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