|
Anyone have Lexis?
Squirrels,
You should try to check in more often--I miss your posts.
Anyways, as far as UCC 3-603(b) is concerned, I do believe it is contingent upon proof of verification--which they can never do. It doesn't stand alone. Now the wording by itself maybe exactly as you stated but I do know that there should be a clause or statement to the fact of verification. And in my humble opinion--even that clause or statement makes the good faith payment null as it is a condition--when the instrument should be unconditional since this is a vital element of what makes it negotiable.
Either way its still just a promise--but it depends on verification nonetheless. This is key to me. If they can verify the debt then I still have remedy through public policy.
what say you
__________________
"FOR AS HE THINKETH IN HIS HEART, SO IS HE."
|