Oregon Code § 73.0302·Enacted ·Last updated March 01, 2026
Statute Text
Holder
in due course.
(1)
Subject to ORS 73.0106 (3) and (4), holder in due course means the holder of
an instrument if:
(a) The
instrument when issued or negotiated to the holder does not bear such apparent
evidence of forgery or alteration or is not otherwise so irregular or
incomplete as to call into question its authenticity; and
(b) The holder
took the instrument:
(A) For value;
(B) In good
faith;
(C) Without
notice that the instrument is overdue or has been dishonored or that there is
an uncured default with respect to payment of another instrument issued as part
of the same series;
(D) Without
notice that the instrument contains an unauthorized signature or has been
altered;
(E) Without
notice of any claim to the instrument described in ORS 73.0306; and
(F) Without
notice that any party has a defense or claim in recoupment described in ORS
73.0305.
(2) Notice of
discharge of a party, other than discharge in an insolvency proceeding, is not
notice of a defense under subsection (1) of this section, but discharge is
effective against a person who became a holder in due course with notice of the
discharge. Public filing or recording of a document does not of itself
constitute notice of a defense, claim in recoupment or claim to the instrument.
(3) Except to the
extent a transferor or predecessor in interest has rights as a holder in due
course, a person does not acquire rights of a holder in due course of an
instrument taken:
(a) By legal
process or by purchase in an execution, bankruptcy or creditors sale or
similar proceeding;
(b) By purchase
as part of a bulk transaction not in ordinary course of business of the
transferor; or
(c) As the
successor in interest to an estate or other organization.
(4) If, under ORS
Plain English Explanation
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Key Points
01Part of Oregon statutory law
02Referenced as Oregon Code § 73.0302
03Subject to legislative amendments
04Consult a licensed attorney for application to specific cases
Frequently Asked Questions
This section of Oregon law addresses Holder
. Read the full statute text above for details.
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