(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.
Deutsche Bank Natl. Trust Co. v. Holden (Slip Opinion), 2016-Ohio-4603, 60 N.E.3d 1243. · cites it 12דWhile 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. · cites it 8דAppellee 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. · cites it 5דSee 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, 134 Ohio St. 3d 13. · cites it 2ד{¶ 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. · cites it 4ד4 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. · cites it 2ד5 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 6דR.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 4דOhio Rev.Code § 1303.31(A); see also U.C.”
HSBC Bank USA v. Surrarrer, 2013-Ohio-5594. · cites it 3דR.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. · cites it 2דIn 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 3דSee 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 3דConsequently, 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.”
Deutsche Bank Natl. Trust Co. v. Holden (Slip Opinion), 2016-Ohio-4603, 60 N.E.3d 1243. “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. “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.”
U.S. Bank Natl. Assn. v. Crow, 2016-Ohio-5391. “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. “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.”
Nationstar Mtge. L.L.C. v. Payne, 2017-Ohio-513. “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.”
Bank of Am., N.A. v. Pasqualone, 2013-Ohio-5795. “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. “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. “4 Under R.C. 1303.31, a "person entitled to enforce" an instrument includes the holder of the instrument.”
U.S. Bank Natl. Assn. v. Crow, 2016-Ohio-5391. “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. “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.”
Bank of Am., N.A. v. Pasqualone, 2013-Ohio-5795. “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.”
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