Question

Please explain under the UCC what  enforcing an instrument means. Also who has the right to enforce an instrument.

Answer 1

(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 Section 3-309 or 3-418(d).

(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.

Persons including holders, non-holders with rights, and even certain persons not in possession of the instrument can have right to enforce an instrument