Turman executed a deed of trust note for $107,500.00 payable to Ward’s Home Improvement, Inc. The note was consideration for a contract by which Ward was to construct a home on property owned by Turman, and the note was secured by a deed of trust on that property. Later that day, Ward executed a separate written assignment of the note to Pomerantz. This document specifically uses the word ‘‘assigns.’’ Ward did not endorse the note to Pomerantz or otherwise write upon the note. Ward received $95,000.00 for the assignment from Pomerantz. Ward failed to complete the house and to do so will require the expenditure of an additional $42,000.00. Is Pomerantz a holder in due course of the $107,500.00 note? Explain.
