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Old 08-23-2004, 06:40 AM
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Jerseee Jerseee is offline
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Join Date: Oct 2004
Location: Texas
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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
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