7-3-407
Section 7-3-407 Alteration. (a) "Alteration" means (i) an unauthorized change in
an instrument that purports to modify in any respect the obligation of a party, or (ii) an
unauthorized addition of words or numbers or other change to an incomplete instrument relating
to the obligation of a party. (b) Except as provided in subsection (c), an alteration fraudulently
made discharges a party whose obligation is affected by the alteration unless that party assents
or is precluded from asserting the alteration. No other alteration discharges a party, and
the instrument may be enforced according to its original terms. (c) A payor bank or drawee
paying a fraudulently altered instrument or a person taking it for value, in good faith and
without notice of the alteration, may enforce rights with respect to the instrument (i) according
to its original terms, or (ii) in the case of an incomplete instrument altered by unauthorized
completion, according to its terms as completed. (Acts 1965, No. 549,...
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8-1-46
Section 8-1-46 Obligation on real estate specifically enforced against person subsequently
claiming title. Whenever an obligation in respect to real property would be specifically enforced
against a particular person, it may be in like manner enforced against any other person claiming
under him by a title created subsequently to the obligation, except a purchaser or encumbrancer
in good faith and for value, and except, also, that any such person may exonerate himself
by conveying all his estate to the person entitled to enforce the obligation. (Code 1923,
§6836; Code 1940, T. 9, §58.)...
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7-3-601
Section 7-3-601 Discharge and effect of discharge. (a) The obligation of a party to pay the
instrument is discharged as stated in this article or by an act or agreement with the party
which would discharge an obligation to pay money under a simple contract. (b) Discharge of
the obligation of a party is not effective against a person acquiring rights of a holder in
due course of the instrument without notice of the discharge. (Acts 1965, No. 549, p. 811;
repealed by Acts 1995, No. 95-668, p. 1381, §1; added by Acts 1995, No. 95-668, p. 1381,
§1.)...
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7-3-412
Section 7-3-412 Obligation of issuer of note or cashier's check. The issuer of a note or cashier's
check or other draft drawn on the drawer is obliged to pay the instrument (i) according to
its terms at the time it was issued or, if not issued, at the time it first came into possession
of a holder, or (ii) if the issuer signed an incomplete instrument, according to its terms
when completed, to the extent stated in Sections 7-3-115 and 7-3-407. The obligation is owed
to a person entitled to enforce the instrument or to an indorser who paid the instrument under
Section 7-3-415. (Acts 1995, No. 95-668, p. 1381, §1.)...
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7-3-413
Section 7-3-413 Obligation of acceptor. (a) The acceptor of a draft is obliged to pay the draft
(i) according to its terms at the time it was accepted, even though the acceptance states
that the draft is payable "as originally drawn" or equivalent terms, (ii) if the
acceptance varies the terms of the draft, according to the terms of the draft as varied, or
(iii) if the acceptance is of a draft that is an incomplete instrument, according to its terms
when completed, to the extent stated in Sections 7-3-115 and 7-3-407. The obligation is owed
to a person entitled to enforce the draft or to the drawer or an indorser who paid the draft
under Section 7-3-414 or 7-3-415. (b) If the certification of a check or other acceptance
of a draft states the amount certified or accepted, the obligation of the acceptor is that
amount. If (i) the certification or acceptance does not state an amount, (ii) the amount of
the instrument is subsequently raised, and (iii) the instrument is then negotiated to a...

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7-3-415
Section 7-3-415 Obligation of indorser. (a) Subject to subsections (b), (c), and (d) and to
Section 7-3-419(d), if an instrument is dishonored, an indorser is obliged to pay the amount
due on the instrument (i) according to the terms of the instrument at the time it was indorsed,
or (ii) if the indorser indorsed an incomplete instrument, according to its terms when completed,
to the extent stated in Sections 7-3-115 and 7-3-407. The obligation of the indorser is owed
to a person entitled to enforce the instrument or to a subsequent indorser who paid the instrument
under this section. (b) If an indorsement states that it is made "without recourse"
or otherwise disclaims liability of the indorser, the indorser is not liable under subsection
(a) to pay the instrument. (c) If notice of dishonor of an instrument is required by Section
7-3-503 and notice of dishonor complying with that section is not given to an indorser, the
liability of the indorser under subsection (a) is discharged. (d)...
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7-3-411
Section 7-3-411 Refusal to pay cashier's checks, teller's checks, and certified checks. (a)
In this section, "obligated bank" means the acceptor of a certified check or the
issuer of a cashier's check or teller's check bought from the issuer. (b) If the obligated
bank wrongfully (i) refuses to pay a cashier's check or certified check, (ii) stops payment
of a teller's check, or (iii) refuses to pay a dishonored teller's check, the person asserting
the right to enforce the check is entitled to compensation for expenses and loss of interest
resulting from the nonpayment and may recover consequential damages if the obligated bank
refuses to pay after receiving notice of particular circumstances giving rise to the damages.
(c) Expenses or consequential damages under subsection (b) are not recoverable if the refusal
of the obligated bank to pay occurs because (i) the bank suspends payments, (ii) the obligated
bank asserts a claim or defense of the bank that it has reasonable grounds to...
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35-10-96
Section 35-10-96 Affidavit of satisfaction requirements. An affidavit of satisfaction of a
security instrument must do all of the following: (1) Identify the original parties to the
security instrument, the secured creditor, and the recording data for the security instrument.
(2) State the basis upon which the person signing the affidavit is a satisfaction agent including,
without limitation, that the person signing the affidavit is authorized to sign on behalf
of, and to bind, the insurance company acting as satisfaction agent. (3) State that the person
signing the affidavit has determined that the real property described in the security instrument
is residential real property or was residential real property at the time the security instrument
was made. (4) State that the person signing the affidavit determined that the secured creditor
has received full payment or performance of the secured obligation and, if the security instrument
is an equity line security instrument, that the...
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7-3-206
Section 7-3-206 Restrictive indorsement. (a) An indorsement limiting payment to a particular
person or otherwise prohibiting further transfer or negotiation of the instrument is not effective
to prevent further transfer or negotiation of the instrument. (b) An indorsement stating a
condition to the right of the indorsee to receive payment does not affect the right of the
indorsee to enforce the instrument. A person paying the instrument or taking it for value
or collection may disregard the condition, and the rights and liabilities of that person are
not affected by whether the condition has been fulfilled. (c) If an instrument bears an indorsement
(i) described in Section 7-4-201(b), or (ii) in blank or to a particular bank using the words
"for deposit," "for collection," or other words indicating a purpose of
having the instrument collected by a bank for the indorser or for a particular account, the
following rules apply: (1) A person, other than a bank, who purchases the instrument...
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7-3-303
Section 7-3-303 Value and consideration. (a) An instrument is issued or transferred for value
if: (1) The instrument is issued or transferred for a promise of performance, to the extent
the promise has been performed; (2) The transferee acquires a security interest or other lien
in the instrument other than a lien obtained by judicial proceeding; (3) The instrument is
issued or transferred as payment of, or as security for, an antecedent claim against any person,
whether or not the claim is due; (4) The instrument is issued or transferred in exchange for
a negotiable instrument; or (5) The instrument is issued or transferred in exchange for the
incurring of an irrevocable obligation to a third party by the person taking the instrument.
(b) "Consideration" means any consideration sufficient to support a simple contract.
The drawer or maker of an instrument has a defense if the instrument is issued without consideration.
If an instrument is issued for a promise of performance, the issuer...
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