(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, 99 N.E.3d 1071.
Fed. Nat'l Mortg. Ass'n v. Herren, 2017-Ohio-8401, 99 N.E.3d 1071. · cites it 12דSee 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, 60 N.E.3d 1243. · cites it 2דThe 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 6דOhio Rev.Code § 1303.22 cmt. 1; see also U.”
Fifth Third Mtge. Co. v. Bell, 2013-Ohio-3678. · cites it 4ד22(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. · cites it 5ד1303.22(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. · cites it 2דThe "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, 957 N.E.2d 790. · cites it 2ד” 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, 50 N.E.3d 1049. · cites it 2ד21, 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. “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 2ד22, 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, 27 N.E.3d 555. · cites it 8ד22(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, 118 N.E.3d 1140. · cites it 2ד" 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.”
Fed. Nat'l Mortg. Ass'n v. Herren, 2017-Ohio-8401, 99 N.E.3d 1071. “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. “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, 118 N.E.3d 1140. “" 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.”
Fed. Nat'l Mortg. Ass'n v. Herren, 2017-Ohio-8401, 99 N.E.3d 1071. “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. “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. “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, 957 N.E.2d 790. “” 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, 27 N.E.3d 555. “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, 99 N.E.3d 1071. “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.”
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