New Jersey Statutes
N.J. Stat. § 12A:3-301 (2026)
Person entitled to enforce instrument
✓ current as of May 2026
"Person entitled to enforce" an instrument means the holder of the instrument, a nonholder in possession of the instrument who has the rights of a holder, or a person not in possession of the instrument who is entitled to enforce the instrument pursuant to 12A:3-309 or subsection d. of 12A:3-418. 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 49
cases (9 in the last 5 years), 1993–2025 · leading case: Investors Bank v. Torres, 197 A.3d 686 (N.J. Super. Ct. App. Div. 2018).
Investors Bank v. Torres, 197 A.3d 686 (N.J. Super. Ct. App. Div. 2018). “] We have recognized that N.J.S.A. 12A:3-301 provides three categories of persons are entitled to enforce an instrument: the holder of the instrument, a nonholder in possession of the instrument who has the rights of the holder, or a person not in possession of the instrument…”
Kemp v. Countrywide Home Loans, Inc. (In Re Kemp), 440 B.R. 624 (Bankr. D.N.J. 2010). “” N.J.S.A. 12A:3-301. In this case, the creditor may not enforce the instrument under any of the three statutory qualifiers.”
In Re Investors & Lenders, Ltd., 156 B.R. 145 (Bankr. D.N.J. 1993). “N.J.S.A. § 12A:3-301. Transfer of an instrument vests the transferor’s rights in the transferee, unless the transferee is party to a fraud.”
In Re: Dana N. Grant-Covert v., 658 F. App'x 175 (3rd Cir. 2016). “” N.J. Stat. Ann. § 12A:3-205. Thus, whoever was in possession of the note would become the “holder” of the note, and would be entitled to enforce the note under N.”
U.S. Bank, Etc. Vs. Jin Choi (f-015615-14, Bergen Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “"If a debt is evidenced by a negotiable instrument, such as the note executed by [a] defendant," whether a plaintiff has established ownership or control over the note "is governed by A-1059-17T2 9 Article III of the Uniform Commercial Code (UCC), N.J.S.A. 12A:3-101 to - 605, in…”
Wells Fargo Bank, N.A. Vs. Ato H. Sparkman (f-002379-12, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2018). “Additionally, N.J.S.A. 12A:3-301 states, "[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.”
Robert J. Triffin Vs. United States Fire Insurancecompany(dc-2147-13, Camden Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). “See N.J.S.A. 12A:3-301 – 12A:3-203(b), and 12A:3-203.”
Wells Fargo Bank, N.A. Vs. Mary Ellen Ugactz-gonzalez, (f-031505-14, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). “Here, Wells Fargo had to show it fell within one of the "three categories of persons entitled to enforce negotiable instruments" as described in N.J.S.A. 12A:3-301. Deutsche Bank Nat'l Trust Co.”
Bank of Am., N.A. Vs. Clyde S. Green (f-012525-16, Essex Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2021). “"If a debt is evidenced by a negotiable instrument, such as the note executed by [a] defendant," whether a plaintiff has established ownership or control over the note "is governed by Article III of the [UCC], .”
U.S. Bank Nat'l Ass'n, Etc. Vs. Karin Polhemus, (f-010769-14, Passaic Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). “]" 9 A-1667-15T3 N.J.S.A. 12A:3-301. See also N.J.S.A. 12A:3-302 (defining "holder in due course").”
Us Bank, Na, Etc. Vs. David E. Walsh(f-009696-14, Somerset Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2017). “"If a debt is evidenced by a negotiable instrument, such as the note executed by [a] defendant," whether a plaintiff has established ownership or control over the note "is governed by Article III of the Uniform Commercial Code (UCC), N.”
U.S. Bank Trust, N.a., Etc. Vs. Konstantine Mitsel (f-050132-14, Hudson Cnty. & Statewide) (N.J. Super. Ct. App. Div. 2019). “12A:3-301." 3 N.J.S.A. 12A:3-301 defines a "'[p]erson entitled to enforce' an instrument" as "the holder of the instrument, a nonholder in possession of the instrument who has the rights of a holder, or a person not in possession of the instrument who is entitled to enforce the…”
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