Nevada Revised Statutes

Nev. Rev. Stat. § 104.3301 (2026)

Person entitled to enforce instrument

✓ current as of July 2026

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NRS 104.3301 Person entitled to enforce instrument.

1. “Person entitled to enforce” an instrument means:

(a) The holder of the instrument;

(b) A nonholder in possession of the instrument who has the rights of a holder; or

(c) A person not in possession of the instrument who is entitled to enforce the instrument pursuant to NRS 104.3309 or subsection 4 of NRS 104.3418.

2. 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.

(Added to NRS by 1965, 825; A 1993, 1272)

Notes of Decisions

Cited in 14 cases (5 in the last 5 years), 2010–2026 · leading case: In re Phillips.

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In re Phillips (Bankr. D. Nev. 2013). · cites it 5× “See Nev.Rev.Stat. § 104.3301(1) (2011) (entitlement to enforce negotiable instrument not dependent on existence or validity of a security instrument); Edelstein, 286 P.”

In re Stanley (Bankr. D. Nev. 2012). · cites it 6× “Article 3 as adopted in Nevada defines a “person entitled to enforce” an instrument as: “(a) The holder of the instrument; [or] (b) A nonholder in possession of the instrument who has the rights of a holder_” 17 Nev.Rev.Stat. § 104.3301(1). BAC thus must show that it is a holder…”

Leyva v. Nat'l Default Servicing Corp. (Nev. 2011). · cites it 2× “The obligor on the note has the right to know the identity of the entity that is “entitled to enforce” the mortgage note under Article 3, see NRS 104.3301, “[otherwise, the [homeowner] may pay funds to a stranger to the case.”

Einhorn v. BAC Home Loans Servicing, LP (Nev. 2012). “” 4 Under Edelstein , the Countrywide/MERS^Deutsche Bank assignment establishes BAC’s status as “a person entitled to enforce” the note, NRS 104.3301, and to foreclose the deed of trust.”

Eagle SPE NV I, Inc. v. Kiley Ranch Communities (D. Nev. 2014). · cites it 2× “3d 249, 252-53 (2012) (citing Nev.Rev.Stat. § 104.3301; Edelstein v. Bank of N.”

Quiroga v. Chen (D. Nev. 2010). “This is consistent with Nevada Revised Statute § 104.3301, which allows a negotiable instruments to be enforced by the holder of the note or a nonholder in possession of the note who has the rights of a holder.”

Branch Banking & Trust Co. v. R&S St. Rose, LLC (D. Nev. 2019). · cites it 2× “The Court 8 finds that NRS § 104.3301 (“Person entitled to enforce instrument”) is not applicable here.”

Choice RAC, LLC v. Ernesto Herrera & Nora Herrera (D. Nev. 2026). · cites it 2× “See NRS § 104.3301(1) (“Person entitled to enforce” a negotiable 9 instrument means “[t]he holder of the instrument” or the “nonholder in possession of the 10 instrument who has the rights of a holder”).”

Nationstar Mortg. LLC v. Ron Haus (9th Cir. 2020). “See Nev. Rev. Stat. § 104.3301 (2) (different entities may be the owner of a note and the holder entitled to enforce it).”

M&T Bank Vs. Chersus Holdings, Llc (Nev. 2020). “NRS 104.3301(2) (recognizing that a note holder is not necessarily its owner).”

Wilmington Sav. Fund Soc'Y Vs. Deaver (Nev. 2021). “3 Although possession of the original promissory note is generally required to enforce the note, see NRS 104.3301, no such requirement exists to foreclose on a deed of trust.”

RH Kids, LLC v. Nat'l Default Servicing Corp. (D. Nev. 2023). ““Although possession of the 11 original promissory note is generally required to enforce the note, see NRS 104.3301, no such 12 requirement exists to foreclose on a deed of trust.”

Show all 14 citing cases →

— Nev. Rev. Stat. § 104.3301(1) — 3 cases

In re Phillips (Bankr. D. Nev. 2013). “See Nev.Rev.Stat. § 104.3301(1) (2011) (entitlement to enforce negotiable instrument not dependent on existence or validity of a security instrument); Edelstein, 286 P.”

In re Stanley (Bankr. D. Nev. 2012). “Article 3 as adopted in Nevada defines a “person entitled to enforce” an instrument as: “(a) The holder of the instrument; [or] (b) A nonholder in possession of the instrument who has the rights of a holder_” 17 Nev.Rev.Stat. § 104.3301(1). BAC thus must show that it is a holder…”

Choice RAC, LLC v. Ernesto Herrera & Nora Herrera (D. Nev. 2026). “See NRS § 104.3301(1) (“Person entitled to enforce” a negotiable 9 instrument means “[t]he holder of the instrument” or the “nonholder in possession of the 10 instrument who has the rights of a holder”).”

— Nev. Rev. Stat. § 104.3301(2) — 2 cases

M&T Bank Vs. Chersus Holdings, Llc (Nev. 2020). “NRS 104.3301(2) (recognizing that a note holder is not necessarily its owner).”

— Nev. Rev. Stat. § 104.3301(l)(a) — 1 case

Leyva v. Nat'l Default Servicing Corp. (Nev. 2011). “The obligor on the note has the right to know the identity of the entity that is “entitled to enforce” the mortgage note under Article 3, see NRS 104.3301, “[otherwise, the [homeowner] may pay funds to a stranger to the case.”

— Nev. Rev. Stat. § 104.3301(l)(c) — 2 cases

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