Del. C. » Title 6 — SUBTITLE I · Commerce and Trade · Part 3
Delaware Code

6 Del. C. § 3-301 (2026)

Person entitled to enforce instrument

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“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 3-309 or 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.

5A Del. C. 1953, §§  3-301;  55 Del. Laws, c. 349;  70 Del. Laws, c. 86, §  3; 
Notes of Decisions
Cited in 8 cases (3 in the last 5 years), 2015–2026 · leading case: WBCMT 2006-C29 Off. 4250, LLC v. Chestnut Run Investors, LLC., No. 14L-03-040 (Del. Super. Ct. July 30, 2015).
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WBCMT 2006-C29 Off. 4250, LLC v. Chestnut Run Investors, LLC., No. 14L-03-040 (Del. Super. Ct. July 30, 2015). · cites it 4× “if the person is: ‘(i) the holder of the instrument, [or] (ii) a nonholder in possession of the instrument who has the rights of a holder…’ 6 Del. C. § 3-301; Minn. Stat. 336.3-301.”
Bank of New York Mellon v. Shrewsbury, No. N15L-03-108 CLS (Del. Super. Ct. Oct. 12, 2018). · cites it 2× “15 6 Del. C. § 3-301. 16 6 Del. C. § 3-301, (Uniform Commercial Code comment).”
Deutsche Bank Nat'l Trust Co. v. Eugene Moss, No. N11L-03-097 ALR (Del. Super. Ct. Jan. 26, 2016). “Moreover, any right Moss may have had19 to challenge the assignment of the Mortgage is judicially estopped.”
Bank of New York Mellon v. Pearson, No. N16L-08-119 ALR (Del. Super. Ct. Dec. 19, 2017). “Defendant claims that Plaintiff did not receive a valid assignment of the Mortgage because the assignments were “robosigned documents.” However, Defendant does not explain this terminology or provide any support to suggest that the signatures on the assignments are invalid.”
Tolliver v. US Bank Nat'l Ass'n, 228 A.3d 690 (Del. 2020). “Under 6 Del. C. § 3-301, a “[p]erson entitled to enforce” an instrument includes the holder of the instrument.”
Bank of New York Mellon v. Pearson, No. N16L-08-119 DJB (Del. Super. Ct. Mar. 5, 2024). “18 See 6 Del. C. § 3-301; 6 Del. C. § 3-205. 4 JUDGMENT is entered in favor of Plaintiff The Bank of New York Mellon and against Defendant.”
Carrington Mortg. Servs., LLC v. Sumwabe, No. K23L-08-017 NEP (Del. Super. Ct. June 25, 2025). “The Bank of New York Mellon, the Delaware Supreme Court established that, to have standing in a mortgage foreclosure action, the plaintiff must be entitled to enforce the note, because others “suffer[] no injury by the mortgagor’s nonperformance.”
Art Fin. Funding (VIII), LLC v. Investart Mgmt., No. N24C-11-028 SP (Del. Super. Ct. May 29, 2026). “101 6 Del. C. § 3-301 102 See Caspian Select Credit Master Fund Ltd.”
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