Code of Alabama
Ala. Code § 7-3-301 (2026)
Person Entitled to Enforce Instrument.
✓ official Alabama Legislature (ALISON) text, current July 2026
“Person entitled to enforce” an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument who is entitled to enforce the instrument pursuant to Section 7-3-309 or 7-3-418(d). A person may be a person entitled to enforce the instrument even though the person is not the owner of the instrument or is in wrongful possession of the instrument.
(Acts 1995, No. 95-668, p. 1381, §1.)
Notes of Decisions
Cited in 18
cases (2 in the last 5 years), 1998–2026 · leading case: Perry v. Fed. Nat'l Mortg. Ass'n, 100 So. 3d 1090 (Ala. Civ. App. 2012).
Perry v. Fed. Nat'l Mortg. Ass'n, 100 So. 3d 1090 (Ala. Civ. App. 2012). “Ala. Code 1975, § 7-3-301. The dispute con *1095 cerns when EverHome became a holder of the note.”
James Graveling v. Bank United N.A., 631 F. App'x 690 (11th Cir. 2015). “Ala.Code § 7-3-301. A person is a holder of a negotiable instrument if the person possesses an instrument that is payable to the bearer.”
Atl. Nat. Trust, LLC v. McNamee, 984 So. 2d 375 (Ala. 2007). “Section 7-3-301, Ala.Code 1975, provides, in pertinent part: "`Person entitled to enforce' an instrument means (i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument…”
Thomas v. Wells Fargo Bank, N.A., 116 So. 3d 226 (Ala. Civ. App. 2012). “Under § 7-3-301, Ala. Code 1975, a “[pjerson entitled to enforce” an instrument is defined as “(i) the holder of the instrument, (ii) a nonholder in possession of the instrument who has the rights of a holder, or (iii) a person not in possession of the instrument who is entitled…”
Summerlin v. Shellpoint Mortg. Servs., 165 F. Supp. 3d 1099 (N.D. Ala. 2016). “§ 7-3-301). A “holder” is “a person in possession if the instrument is payable to bearer.”
Fed. Home Loan Mortg. Corp. v. Margaret Wilson, 702 F. App'x 827 (11th Cir. 2017). “Ala. Code § 7-3-301 , A “holder” is “[t]he person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession.”
Trinae D. Watkins v. Regions Mortg., Inc., 555 F. App'x 922 (11th Cir. 2014). “See Ala. Code 7-3-301 (providing a note can be enforced by, inter alia, (1) the holder of *926 the instrument, or (2) a nonholder who is in possession of the instrument and who has the rights of a holder).”
Smalls v. Wells Fargo Bank, N.A., 180 So. 3d 910 (Ala. Civ. App. 2015). “2013) (footnote omitted); see § 7-3-301, Ala. Code 1975 (providing that a holder is a “person entitled to enforce” the negotiable instrument).”
Turner v. Wells Fargo Bank, N.A., 254 So. 3d 194 (Ala. Civ. App. 2016). “2013) (footnote omitted); see § 7-3-301, Ala. Code 1975 (providing that a holder is a 'person entitled to enforce' the negotiable instrument).”
Graveling v. BankUnited N.A., 970 F. Supp. 2d 1243 (N.D. Ala. 2013). “Ala. Code § 7-3-301 . Thus, “a person may be a person entitled to enforce the instrument *1254 even though the person is not the owner of the instrument or is in wrongful possession of the instrument.”
Reed v. Chase Home Fin., LLC, 893 F. Supp. 2d 1250 (S.D. Ala. 2012). “§ 7-3-301. Servicing of the loan was transferred from Pensacola to SunTrust shortly after closing.”
Williams v. Wells Fargo Bank, N.A., 218 So. 3d 816 (Ala. Civ. App. 2016). “Section 7-3-301, Ala.Code 1975, provides that a holder of a negotiable instrument is entitled to enforce it.”
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