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Holder in Due Course

   Also found in: Dictionary/thesaurus, Financial, Acronyms, Wikipedia 0.01 sec.

An individual who takes a Commercial Paper for value, in Good Faith, with the belief that it is valid, with no knowledge of any defects.

The Uniform Commercial Code (UCC) defines a holder in due course as one who takes an instrument for value in good faith absent any notice that it is overdue, has been dishonored, or is subject to any defense against it or claim to it by any other person.


holder in due course n. one holding a check or promissory note, received for value (he/she paid for it), in good faith, and with no suspicion that it might be no good, claimed by another, overdue, or previously dishonored (a bank had refused to pay since the account was overdrawn). Such a holder is entitled to payment by the maker of the check or note. (See: bona fide purchaser)



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However, the right to "service" that mortgage--such as collecting payments and monitoring compliance with various mortgage requirements, or to be the holder in due course of the debt--can be freely passed around from one institution to another like the baton in a relay race.
It covers instruments of property, including enforcement, transfer, and negotiation, warranty, restitution, claims, defenses to instruments, holder in due course, and check collection process.
32) The Negotiable Instruments Law does not contain a term precisely comparable to that of a "holder in due course" as stated in the Uniform Commercial Code (UCC);(33) however, Articles 10, 12, and 13 appear to embody certain principles contained within the holder in due course doctrine.
 
 
 
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