Maryland Code
Md. Code Ann., Com. Law § 3-301 (2026)
§ 3-301
✓ current as of May 2026
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§3–301.
“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 § 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.
“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 § 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.
Notes of Decisions
Cited in 7
cases (1 in the last 5 years), 2010–2022 · leading case: Anderson v. Burson, 9 A.3d 870 (Md. Ct. Spec. App. 2010).
Anderson v. Burson, 9 A.3d 870 (Md. Ct. Spec. App. 2010). “” As such, under section 3-301 of the Commercial Law Article, Deutsche was a “person entitled to enforce” the Note.”
Agbro v. Am. Partners Bank (D. Maryland 2020). “(quoting Md. Code Ann., Com. Law § 3-301 ). The court continued: In this context, 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.”
Green v. Shellpoint Mortg. Servicing (D. Maryland 2020). “Md. Code Ann., Com. Law § 3-301 (LexisNexis 2013) (setting out the requirements for a person entitled to enforce a note without reference to any recording requirement).”
Green v. 1900 Capital Trust II, BY U.S. BANK TRUST NewRez LLC (D. Maryland 2020). “Md. Code Ann., Com. Law § 3-301 (LexisNexis 2013) (setting out the requirements for a person entitled to enforce a note without reference to any recording requirement).”
Greer v. Trinity Fin. Servs., LLC (D. Maryland 2022). “Md. Code Ann., Com. Law § 3-301 (West 2022).”
Daryl Anthony Green (Bankr. D. Md. 2020). “Md. Code Ann., Com. Law § 3-301 (LexisNexis 2013) (setting out the requirements for a person entitled to enforce a note without reference to any recording requirement).”
Green v. Shellpoint Mortg. Servicing (Bankr. D. Md. 2020). “Md. Code Ann., Com. Law § 3-301 (LexisNexis 2013) (setting out the requirements for a person entitled to enforce a note without reference to any recording requirement).”
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