Florida Statute 673.3021 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title XXXIX
COMMERCIAL RELATIONS

Chapter 673
UNIFORM COMMERCIAL CODE: NEGOTIABLE INSTRUMENTS

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F.S. 673.3021

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).

(2) Notice of discharge of a party, other than discharge in an insolvency proceeding, is not notice of a defense under subsection (1), but discharge is effective against a person who became a holder in due course with notice of the discharge. Public filing or recording of a document does not of itself constitute notice of a defense, claim in recoupment, or claim to the instrument.

(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

(4) If, under s. 673.3031(1)(a), the promise of performance that is the consideration for an instrument has been partially performed, the holder may assert rights as a holder in due course of the instrument only to the fraction of the amount payable under the instrument equal to the value of the partial performance divided by the value of the promised performance.

(5) If the person entitled to enforce an instrument has only a security interest in the instrument and the person obliged to pay the instrument has a defense, claim in recoupment, or claim to the instrument that may be asserted against the person who granted the security interest, the person entitled to enforce the instrument may assert rights as a holder in due course only to an amount payable under the instrument which, at the time of enforcement of the instrument, does not exceed the amount of the unpaid obligation secured.

(6) To be effective, notice must be received at a time and in a manner that gives a reasonable opportunity to act on it.

(7) This section is subject to any law limiting status as a holder in due course in particular classes of transactions.

History.—s. 2, ch. 92-82.

F.S. 673.3021 on Google Scholar

F.S. 673.3021 on Casetext

Amendments to 673.3021

Arrestable Offenses / Crimes under Fla. Stat. 673.3021

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 673.3021.

Annotations, Discussions, Cases:

Cases Citing Statute 673.3021

Total Results: 8

Carlos M. Rivera and Yanira J. Pena Santiago v. Wells Fargo Bank, N.A., Mortgage Electronic Registration Systems Incorporated as Nominee for FDIC as Receiver for Amtrust Bank, Shaughnessy Village Homeowners Association, Inc., and Olympia Master Association, Inc.

Court: Fla. Dist. Ct. App. | Date Filed: 2016-04-20T00:00:00-07:00

Citation: 189 So. 3d 323, 2016 WL 1579076, 2016 Fla. App. LEXIS 5999

Snippet: the applicable statutory requirements under s. 673.3021, s. 677.501, or s. 679.330 are satisfied, the

Carrillo Development, LLC v. Bayview Loan Servicing, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-23T00:00:00-08:00

Citation: 193 So. 3d 4, 2015 Fla. App. LEXIS 19222, 2015 WL 9315732

Snippet: a holder in due course as provided in section 673.3021(1), Florida Statutes (2010). See § 673.3051, Fla

Cabrillo Development, LLC v. Bayview Loan Services, LLC

Court: Fla. Dist. Ct. App. | Date Filed: 2015-12-22T23:53:00-08:00

Snippet: a holder in due course as provided in section 673.3021(1), Florida Statutes (2010). See § 673.3051, Fla

Daiwa Products, Inc. v. NATIONSBANK, NA

Court: Fla. Dist. Ct. App. | Date Filed: 2004-09-01T00:53:00-07:00

Citation: 885 So. 2d 884

Snippet: which would make it a holder in due course (s.673.3021).... After the non-jury trial, the circuit court…holder in due course" contained at section 673.3021, Florida Statutes (1997). Under that section, … So.2d 160, 164 (Fla. 4th DCA 2002) (quoting § 673.3021(1), Fla. Stat. (2001)). In this case, the issue…good faith" within the meaning of section 673.3021(1)(b)2. Section 673.1031(1)(d), Florida Statutes…requiring "good faith" under section 673.3021(1)(b)2., we adopted the following analysis by

Any Kind Checks Cashed, Inc. v. Talcott

Court: Fla. Dist. Ct. App. | Date Filed: 2002-10-09T00:53:00-07:00

Citation: 830 So. 2d 160

Snippet: without notice of certain claims and defenses. See § 673.3021(1), Fla. Stat. (2001). As the party claiming that…good faith" within the meaning of section 673.3021(1)(b)2. The good faith requirement of the holder…quot;good faith" that applies to the section 673.3021 definition of a holder in due course: "`[…requiring "good faith" under section 673.3021(1), we adopt the analysis set forth by the Supreme

Davis v. Starling

Court: Fla. Dist. Ct. App. | Date Filed: 2001-11-13T23:53:00-08:00

Citation: 799 So. 2d 373

Snippet: status as the beneficiary of the trust. See § 673.3021(1)(b)1 & (3)(c), Fla. Stat. (2000) (person

Barclays Bank, P.L.C. v. Conkey

Court: Fla. Dist. Ct. App. | Date Filed: 1997-06-27T00:00:00-07:00

Citation: 695 So. 2d 931, 35 U.C.C. Rep. Serv. 2d (West) 946, 1997 Fla. App. LEXIS 7245, 1997 WL 355187

Snippet: the undisputed facts showed that under section 673.3021, Florida Statutes (Supp.1992), Barclays “took … a holder in due course, as defined in section 673.3021, Florida Statutes (Supp.1992): [T]he term “holder…claim in recoupment described in s. 673.3051(1). § 673.3021, Fla.Stat. (Supp.1992). In granting Mr. Conkey…instrument may not be what it purports to be.” § 673.3021(a). This instrument is clearly a promissory note… not meet the threshold requirement of section 673.3021(l)(a). We reverse that summary judgment, and remand

Hobley v. Metz

Court: Fla. Dist. Ct. App. | Date Filed: 1994-01-04T00:00:00-08:00

Citation: 630 So. 2d 625, 1994 Fla. App. LEXIS 3, 1994 WL 1269

Snippet: reverse and remand for a jury trial. .Section 673.3021, Florida Statutes (Supp.1992) provides in part