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Ohio Revised Code

Ohio Rev. Code § 1303.31 (2026)

Person entitled to enforce instrument - UCC 3-301

✓ 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) "Person entitled to enforce" an instrument means any of the following persons:

(1) The holder of the instrument;

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

(3) A person not in possession of the instrument who is entitled to enforce the instrument pursuant to section 1303.38 or division (D) of section 1303.58 of the Revised Code.

(B) 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 198 cases (19 in the last 5 years), 1965–2026 · leading case: Deutsche Bank Natl. Trust Co. v. Holden (Slip Opinion), 2016 Ohio 4603 (Ohio 2016).
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Deutsche Bank Natl. Trust Co. v. Holden (Slip Opinion), 2016 Ohio 4603 (Ohio 2016). · cites it 12× “While the party entitled to enforce the note pursuant to R.C. 1303.31 has standing to seek a personal judgment against the maker on that obligation, the mortgagee—or its successors and assigns—has standing to foreclose a mortgage and pursue a judicial sale to recover any amounts…”
Bank of Am., N.A. v. Pasqualone, 2013 Ohio 5795 (Ohio Ct. App. 2013). · cites it 8× “Appellee further alleged that it was "a person entitled to enforce the Note, pursuant to Section 1303.31 of the Ohio Revised Code," and that the mortgage was given to secure the note.”
U.S. Bank Natl. Assn. v. Crow, 2016 Ohio 5391 (Ohio Ct. App. 2016). · cites it 5× “See R.C. 1303.31(A)(1). In addition to the holder, a “person entitled to enforce” an instrument also includes: a non-holder in possession of the instrument who has the rights of a holder; and a person who is not in possession of the instrument but who established he is entitled…”
Fed. Home Loan Mortg. Corp. v. Schwartzwald, 2012 Ohio 5017 (Ohio 2012). · cites it 2× “{¶ 18} Federal Home Loan asserts that pursuant to R.C. 1303.31, it is a “person entitled to enforce the note” because it is “[a] nonholder in possession of the instrument who has the rights of a holder” by virtue of the negotiation of the note from Legacy to Wells Fargo and the…”
Fifth Third Mtge. Co. v. Bell, 2013 Ohio 3678 (Ohio Ct. App. 2013). · cites it 4× “4 Under R.C. 1303.31, a "person entitled to enforce" an instrument includes the holder of the instrument.”
Deutsche Bank Natl. Trust Co. v. Najar, 2013 Ohio 1657 (Ohio Ct. App. 2013). · cites it 2× “5 When an instrument is endorsed in blank, the instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially endorsed.”
G.F.D. Enter., Inc. v. Nye, 525 N.E.2d 10 (Ohio 1988). · cites it 6× “R.C. 1303.31 provides, in part: “(A) A holder in due course is a holder who takes the instrument: “(1) for value; and “(2).”
In Re Wells, 407 B.R. 873 (Bankr. N.D. Ohio 2009). · cites it 4× “Ohio Rev.Code § 1303.31(A); see also U.C.”
HSBC Bank USA, Natl. Assn. v. Surrarrer, 2013 Ohio 5594 (Ohio Ct. App. 2013). · cites it 3× “R.C. 1303.31 lists not only holders, but also nonholders in possession with rights of a holder as those capable of enforcing negotiable instruments.”
Nationstar Mtge. L.L.C. v. Payne, 2017 Ohio 513 (Ohio Ct. App. 2017). · cites it 2× “In such an action, "[t]he person entitled to enforce the note pursuant to R.C. 1303.31 has standing to seek a personal judgment against the promisor on that obligation, while the mortgagee or its successor and assign has standing to foreclose on the mortgage.”
In Re Smoak, 461 B.R. 510 (Bankr. S.D. Ohio 2011). · cites it 3× “See Ohio Revised Code § 1303.31 (Person entitled to enforce an instrument).”
Simmerman v. Ocwen Fin. & Mortg. Servs., Inc. (In re Simmerman), 463 B.R. 47 (Bankr. S.D. Ohio 2011). · cites it 3× “Consequently, they are not discharged. . Article 3 of the UCC provides other methods of becoming entitled to enforce the note without being a holder or without having physical possession.”
Show all 198 citing cases →
— Ohio Rev. Code § 1303.31(A) — 63 cases
Deutsche Bank Natl. Trust Co. v. Holden (Slip Opinion), 2016 Ohio 4603 (Ohio 2016). “While the party entitled to enforce the note pursuant to R.C. 1303.31 has standing to seek a personal judgment against the maker on that obligation, the mortgagee—or its successors and assigns—has standing to foreclose a mortgage and pursue a judicial sale to recover any amounts…”
Deutsche Bank Natl. Trust Co. v. Najar, 2013 Ohio 1657 (Ohio Ct. App. 2013). “5 When an instrument is endorsed in blank, the instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially endorsed.”
Bayview Loan Servicing, L.L.C. v. St. Cyr, 2017 Ohio 2758 (Ohio Ct. App. 2017).
In Re Wells, 407 B.R. 873 (Bankr. N.D. Ohio 2009). “Ohio Rev.Code § 1303.31(A); see also U.C.”
Fed. Nat'l Mortg. Ass'n v. Herren, 2017 Ohio 8401 (Ohio Ct. App. 2017).
— Ohio Rev. Code § 1303.31(A)(1) — 58 cases
U.S. Bank Natl. Assn. v. Crow, 2016 Ohio 5391 (Ohio Ct. App. 2016). “See R.C. 1303.31(A)(1). In addition to the holder, a “person entitled to enforce” an instrument also includes: a non-holder in possession of the instrument who has the rights of a holder; and a person who is not in possession of the instrument but who established he is entitled…”
Bank of Am., N.A. v. Pasqualone, 2013 Ohio 5795 (Ohio Ct. App. 2013). “Appellee further alleged that it was "a person entitled to enforce the Note, pursuant to Section 1303.31 of the Ohio Revised Code," and that the mortgage was given to secure the note.”
In Re Wells, 407 B.R. 873 (Bankr. N.D. Ohio 2009). “Ohio Rev.Code § 1303.31(A); see also U.C.”
CitiMortgage, Inc. v. Patterson, 2012 Ohio 5894 (Ohio Ct. App. 2012).
Nationstar Mtge. L.L.C. v. Payne, 2017 Ohio 513 (Ohio Ct. App. 2017). “In such an action, "[t]he person entitled to enforce the note pursuant to R.C. 1303.31 has standing to seek a personal judgment against the promisor on that obligation, while the mortgagee or its successor and assign has standing to foreclose on the mortgage.”
— Ohio Rev. Code § 1303.31(A)(13) — 1 case
Yoppolo v. First Citizens Nat'l Bank (In Re Sayre), 321 B.R. 430 (Bankr. N.D. Ohio 2004).
— Ohio Rev. Code § 1303.31(A)(2) — 9 cases
Bank of Am., N.A. v. Pasqualone, 2013 Ohio 5795 (Ohio Ct. App. 2013). “Appellee further alleged that it was "a person entitled to enforce the Note, pursuant to Section 1303.31 of the Ohio Revised Code," and that the mortgage was given to secure the note.”
U.S. Bank Natl. Assn. v. Crow, 2016 Ohio 5391 (Ohio Ct. App. 2016). “See R.C. 1303.31(A)(1). In addition to the holder, a “person entitled to enforce” an instrument also includes: a non-holder in possession of the instrument who has the rights of a holder; and a person who is not in possession of the instrument but who established he is entitled…”
Fifth Third Mtge. Co. v. Bell, 2013 Ohio 3678 (Ohio Ct. App. 2013). “4 Under R.C. 1303.31, a "person entitled to enforce" an instrument includes the holder of the instrument.”
Bank of New York Mellon Trust Co. Natl. v. Mihalca, 2012 Ohio 567 (Ohio Ct. App. 2012).
U.S. Bank Natl. Assn. v. George, 2015 Ohio 4957 (Ohio Ct. App. 2015).
— Ohio Rev. Code § 1303.31(A)(3) — 2 cases
Fid. Title Serv. v. Ball Homes, Inc., 495 N.E.2d 964 (Ohio Ct. App. 1985).
Nicola v. Burnette, 499 N.E.2d 368 (Ohio Ct. App. 1985).
— Ohio Rev. Code § 1303.31(B) — 20 cases
U.S. Bank Natl. Assn. v. Crow, 2016 Ohio 5391 (Ohio Ct. App. 2016). “See R.C. 1303.31(A)(1). In addition to the holder, a “person entitled to enforce” an instrument also includes: a non-holder in possession of the instrument who has the rights of a holder; and a person who is not in possession of the instrument but who established he is entitled…”
Deutsche Bank Natl. Trust Co. v. Najar, 2013 Ohio 1657 (Ohio Ct. App. 2013). “5 When an instrument is endorsed in blank, the instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially endorsed.”
Nationstar Mtge., L.L.C. v. West, 2014 Ohio 735 (Ohio Ct. App. 2014).
Bank of Am. v. Merlo, 2013 Ohio 5266 (Ohio Ct. App. 2013).
Bank of Am., N.A. v. Pasqualone, 2013 Ohio 5795 (Ohio Ct. App. 2013). “Appellee further alleged that it was "a person entitled to enforce the Note, pursuant to Section 1303.31 of the Ohio Revised Code," and that the mortgage was given to secure the note.”
— Ohio Rev. Code § 1303.31(C)(2) — 1 case
Warren v. Hayes (In re Hayes), 33 B.R. 456 (Bankr. S.D. Ohio 1983).
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