ILCS » Chapter 810 · Act 5

810 ILCS 5/3-301

Person entitled to enforce instrument

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(810 ILCS 5/3-301) (from Ch. 26, par. 3-301)
    Sec. 3-301. Person entitled to enforce instrument. "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.
(Source: P.A. 87-582.)

    
Notes of Decisions
Cited in 10 cases (2 in the last 5 years), 1998–2026 · leading case: Fifth Third Bank v. Brazier
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Fifth Third Bank v. Brazier (2019) illappct “As part of the proceedings on MB’s motion for summary judgment below, the circuit court concluded that the affidavits and other documents of record established that MB was the “owner” of the note, pursuant to the Purchase Agreement, and was entitled to enforce defendant’s…”
U.S. Bank Trust National Assoc. v. Lopez (2018) illappct “810 ILCS 5/3-301 (West 2014). The fact that here the note was indorsed to HUD, and not to plaintiff, when the original complaint was filed proves only that plaintiff was not the holder of the note at that time.”
MidFirst Bank v. Riley (2018) illappct “See 810 ILCS 5/3-301 (West 2016). A negotiable instrument may be transferred by delivery to another entity for the purpose of giving that entity the right to enforce the instrument.”
CitiMortgage, Inc. v. Moran (2014) illappct “Under section 3-301 of the Uniform Commercial Code (810 ILCS 5/3-301 (West 2010)), the party holding the note is presumed to own it.”
CitiMortgage, Inc. v. Moran (2014) illappct “Under section 3-301 of the Uniform Commercial Code (810 ILCS 5/3-301 (West 2010)), the party holding the note is presumed to own it.”
Deutsche Bank National Trust Co. v. Laz (2021) illappct “See 810 ILCS 5/3-301 (West 2014). Furthermore, “Illinois does not require that a foreclosure be filed by the owner of the note and mortgage.”
Deutsche Bank National Trust Co. v. Muhammad (2019) illappct · cites it 2× “810 ILCS 5/3-308 (West 2018), citing 810 ILCS 5/3-301 (West 2018) (defining “Person entitled to enforce instrument.”
Strosberg v. Brauvin Realty Services, Inc. (1998) illappct · cites it 5× “Section 3-301 of the Uniform Commercial Code (UCC) (810 ILCS 5/3-301 (West 1996)) provides that a person is entitled to enforce a negotiable instrument if he is the holder of the instrument, if he is a nonholder in possession of the instrument who has the rights of a holder or…”
Nationstar Mortgage LLC v. Jones (2020) illappct “See 810 ILCS 5/3-301 (West 2016). A negotiable instrument may be transferred by delivery to another entity for the purpose of giving that entity the right to enforce the instrument.”
West State Street Check Cashing v. United Equitable Group, Ltd. (2026) illappct “See 810 ILCS 5/3-301 (West 2024). Further as the drawer of the check, United Equitable was obligated to pay the dishonored check in accordance with its terms at the time it was issued.”
— 810 ILCS 5/3-301(i) — 1 case
Strosberg v. Brauvin Realty Services, Inc. (1998) illappct “Section 3-301 of the Uniform Commercial Code (UCC) (810 ILCS 5/3-301 (West 1996)) provides that a person is entitled to enforce a negotiable instrument if he is the holder of the instrument, if he is a nonholder in possession of the instrument who has the rights of a holder or…”
— 810 ILCS 5/3-301(iii) — 1 case
Strosberg v. Brauvin Realty Services, Inc. (1998) illappct “Section 3-301 of the Uniform Commercial Code (UCC) (810 ILCS 5/3-301 (West 1996)) provides that a person is entitled to enforce a negotiable instrument if he is the holder of the instrument, if he is a nonholder in possession of the instrument who has the rights of a holder or…”
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