RICK L. KNUTH

RLK

RICK L. KNUTH is the keeper of the Banking and Finance Law Spotlight Site.

Rick's practice focuses on assisting institutional and private lenders and borrowers in asset-based loan transactions, real estate financing, accounts receivable and inventory-based financing. He has over 30 years experience in loan documentation, mortgage and trust deed foreclosures, loan participations, credit opinion letters, workouts, and insolvency proceedings of all kinds. He counsels banks large and small in all aspects of their commercial credit relationships.

Look for postings by the other attorneys in our Commercial Lending and Banking Practice Group.

Keven M. Rowe (Group Leader)
Tom Berggren
Rick L. Knuth
Kyle V. Leishman
James W. Peters
Susan B. Peterson
Jacob Redd
George R. Sutton
Glen D. Watkins
Randon W. Wilson

Published Articles

"Fraudulent Checks- the 'Same Wrongdoer' Defense"
by Rick L. Knuth

Originally Published in Utah Banker Magazine Fall 2013.

Important Resources
The Endorsed-In-Blank Promissory Note
Posted on Jan. 5, 2015

Every so often, one sees a promissory note that is passed around more than the proverbial “Sweetheart of Sigma Chi,” one with a long chain of endorsements and allonges.  Just as often, it seems, someone – whether deliberately or by inadvertence – has simply endorsed it without naming an assignee.  This is an endorsement “in blank.”

Endorsements in blank, though not always a safe practice, are valid and enforceable and are not gaps in title to the note. 

Let’s walk it through: Promissory notes are classified by Article 3 of the Uniform Commercial Code (the “UCC”) as “negotiable instruments.”  As such, they may be enforced by the “holder,” that being “the person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession; . . .” of a negotiable instrument that is payable either to bearer or to an identified person if the identified person is in possession of the instrument.”  UCC §1-201(b)(20); Utah Code Ann. Section 70A-1a-201(u).  Accordingly, to have an entitlement to enforce a promissory note, an assignee need only demonstrate: (1) possession of the instrument; and (2) that the note is payable to the assignee.

However, where the promissory note does not identify the assignee, the UCC provides that “When endorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone . . . .”  UCC §3-205(b); U.C.A §70A-3-205(2). Thus, a promissory note that is endorsed in blank is considered payable to the bearer.  “Bearer” is specifically defined by the Code as including one who is in possession of a note that is endorsed in blank.  UCC §1-201(b)(5); U.C.A § 70A-1a-201(e). Therefore, having possession of a note endorsed in blank, is all that is necessary to enforce it, whether the borrower or the assignor has specifically endorsed it, or not.

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PROFESSIONAL AFFILIATIONS

ACMA

Rick Knuth is a member of the American College of Mortgage Attorneys.

George Sutton was recognized in 2012 as Utah Attorney of the Year in Financial Services Regulation Law by Best Lawyers in America.

Rick Knuth was recognized in 2012 as Utah Attorney of the Year in Banking and FinanceLaw by Best Lawyers in America.

All eligible attorneys in this group are ranked AV Preeminent by Martindale-Hubbell.

community and industry outreach

UAFS

Utah Association of Financial Services

  • Associate Member and Convention Sponsor

Utah Banker's Association

  • Convention Sponsor