Ohio Rev. Code » Chapter 1303
Ohio Revised Code

Ohio Rev. Code § 1303.22 (2026)

Transfer of instrument - rights acquired by transfer - UCC 3-203

✓ current as of May 2026
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Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
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(A) An instrument is transferred when it is delivered by a person other than its issuer for the purpose of giving to the person receiving delivery the right to enforce the instrument.

(B) Transfer of an instrument, whether or not the transfer is a negotiation, vests in the transferee any right of the transferor to enforce the instrument, including any right as a holder in due course, but the transferee cannot acquire rights of a holder in due course by a direct or indirect transfer from a holder in due course if the transferee engaged in fraud or illegality affecting the instrument.

(C) Unless otherwise agreed, if an instrument is transferred for value the transferee has a specifically enforceable right to the unqualified indorsement of the transferor, but negotiation of the instrument does not occur until the indorsement is made by the transferor.

(D) If a transferor purports to transfer less than the entire instrument, negotiation of the instrument does not occur, the transferee of that instrument obtains no rights under this chapter, and the transferee of that instrument has only the rights of a partial assignee.
Notes of Decisions
Cited in 33 cases (2 in the last 5 years), 1986–2023 · leading case: Fed. Nat'l Mortg. Ass'n v. Herren, 2017 Ohio 8401 (Ohio Ct. App. 2017).
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Fed. Nat'l Mortg. Ass'n v. Herren, 2017 Ohio 8401 (Ohio Ct. App. 2017). · cites it 12× “See also Comment three to R.C. 1303.22. The endorsement on the allonge does not specify whether there was a transfer for value and neither does any other evidence produced in the case.”
Deutsche Bank Natl. Trust Co. v. Holden (Slip Opinion), 2016 Ohio 4603 (Ohio 2016). · cites it 2× “The Holdens failed to present any evidence to show that a genuine issue of material fact existed regarding any of the elements of the bank’s foreclosure action, and the trial court therefore properly found that Deutsche Bank had standing to foreclose on the property.”
In Re Wells, 407 B.R. 873 (Bankr. N.D. Ohio 2009). · cites it 6× “Ohio Rev.Code § 1303.22 cmt. 1; see also U.”
Fifth Third Mtge. Co. v. Bell, 2013 Ohio 3678 (Ohio Ct. App. 2013). · cites it 4× “22(B); R.C. 1303.22 cmt. 2. {¶ 21} FTMC's allegations that it was in possession of a note and entitled to enforce it, combined with the copy of the unendorsed note, at the very minimum, demonstrated that FTMC was entitled to enforce as a nonholder in possession.”
Self Help Ventures Fund v. Jones, 2013 Ohio 868 (Ohio Ct. App. 2013). · cites it 5× “1303.22(B). Thus, contrary to appellant’s argument, a note can be transferred by a method other than negotiation.”
Wells Fargo Bank, N.A. v. Byers, 2014 Ohio 3303 (Ohio Ct. App. 2014). · cites it 2× “The "transfer" of an instrument requires physical delivery of the note "for the purpose of giving to the person receiving delivery the right to enforce the instrument.”
Fed. Home Loan Mortg. Corp. v. Schwartzwald, 2011 Ohio 2681 (Ohio Ct. App. 2011). · cites it 2× “” R.C. 1303.22(A). The transfer of an instrument vests in the transferee any right of the transferor to enforce the instrument.”
U.S. Bank Natl. Assn. v. George, 2015 Ohio 4957 (Ohio Ct. App. 2015). · cites it 2× “21, or transfer, pursuant to R.C. 1303.22. "Negotiation" requires transfer of possession of the instrument.”
Bank of Am., N.A. v. Pasqualone, 2013 Ohio 5795 (Ohio Ct. App. 2013). “16 Notes are transferred pursuant to R.C. 1303.22. No. 13AP-87 17 1303.36 of the Revised Code.”
In Re Saffold, 373 B.R. 39 (Bankr. N.D. Ohio 2007). · cites it 2× “22, 2003) (quoting Ohio Rev.Code § 1303.22). The allegation in the request for sanctions is that, without the imposition of sanctions, the debtor “will again attempt to frustrate Creditor’s [i.”
Bank of New York Mellon v. Grund, 2015 Ohio 466 (Ohio Ct. App. 2015). · cites it 8× “22(B); R.C. 1303.22 cmt. 2. 10 {¶39} [Fifth Third’s] allegations that it was in possession of a note and entitled to enforce it, combined with the copy of the unendorsed note, at the very minimum, demonstrated that [Fifth Third] was entitled to enforce as a nonholder in…”
H.S.B.C. Bank U.S.A. v. Brinson, 2018 Ohio 3467 (Ohio Ct. App. 2018). · cites it 2× “" R.C. 1303.22(A). {¶ 12} In this matter, HSBC Bank asserted that it was entitled to enforce the note because the note was bearer paper and HSBC Bank was in possession of the note.”
Show all 33 citing cases →
— Ohio Rev. Code § 1303.22(A) — 22 cases
Fed. Nat'l Mortg. Ass'n v. Herren, 2017 Ohio 8401 (Ohio Ct. App. 2017). “See also Comment three to R.C. 1303.22. The endorsement on the allonge does not specify whether there was a transfer for value and neither does any other evidence produced in the case.”
In Re Wells, 407 B.R. 873 (Bankr. N.D. Ohio 2009). “Ohio Rev.Code § 1303.22 cmt. 1; see also U.”
Fifth Third Mtge. Co. v. Bell, 2013 Ohio 3678 (Ohio Ct. App. 2013). “22(B); R.C. 1303.22 cmt. 2. {¶ 21} FTMC's allegations that it was in possession of a note and entitled to enforce it, combined with the copy of the unendorsed note, at the very minimum, demonstrated that FTMC was entitled to enforce as a nonholder in possession.”
H.S.B.C. Bank U.S.A. v. Brinson, 2018 Ohio 3467 (Ohio Ct. App. 2018). “" R.C. 1303.22(A). {¶ 12} In this matter, HSBC Bank asserted that it was entitled to enforce the note because the note was bearer paper and HSBC Bank was in possession of the note.”
HSBC Bank USA v. Brinson, 2023 Ohio 1462 (Ohio Ct. App. 2023).
— Ohio Rev. Code § 1303.22(B) — 13 cases
Fed. Nat'l Mortg. Ass'n v. Herren, 2017 Ohio 8401 (Ohio Ct. App. 2017). “See also Comment three to R.C. 1303.22. The endorsement on the allonge does not specify whether there was a transfer for value and neither does any other evidence produced in the case.”
Self Help Ventures Fund v. Jones, 2013 Ohio 868 (Ohio Ct. App. 2013). “1303.22(B). Thus, contrary to appellant’s argument, a note can be transferred by a method other than negotiation.”
Fifth Third Mtge. Co. v. Bell, 2013 Ohio 3678 (Ohio Ct. App. 2013). “22(B); R.C. 1303.22 cmt. 2. {¶ 21} FTMC's allegations that it was in possession of a note and entitled to enforce it, combined with the copy of the unendorsed note, at the very minimum, demonstrated that FTMC was entitled to enforce as a nonholder in possession.”
Fed. Home Loan Mortg. Corp. v. Schwartzwald, 2011 Ohio 2681 (Ohio Ct. App. 2011). “” R.C. 1303.22(A). The transfer of an instrument vests in the transferee any right of the transferor to enforce the instrument.”
Bank of New York Mellon v. Grund, 2015 Ohio 466 (Ohio Ct. App. 2015). “22(B); R.C. 1303.22 cmt. 2. 10 {¶39} [Fifth Third’s] allegations that it was in possession of a note and entitled to enforce it, combined with the copy of the unendorsed note, at the very minimum, demonstrated that [Fifth Third] was entitled to enforce as a nonholder in…”
— Ohio Rev. Code § 1303.22(C) — 4 cases
Fed. Nat'l Mortg. Ass'n v. Herren, 2017 Ohio 8401 (Ohio Ct. App. 2017). “See also Comment three to R.C. 1303.22. The endorsement on the allonge does not specify whether there was a transfer for value and neither does any other evidence produced in the case.”
All Am. Fin. Co. v. Pugh Shows, Inc., 507 N.E.2d 1134 (Ohio 1987).
U.S. Bank Natl. Assn. v. George, 2020 Ohio 6758 (Ohio Ct. App. 2020).
U.S. Bank Natl. Assn. v. George, 2016 Ohio 7788 (Ohio Ct. App. 2016).
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