this post was submitted on 09 Oct 2024
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[–] [email protected] 5 points 1 week ago* (last edited 1 week ago)

UCC § 3-104. NEGOTIABLE INSTRUMENT.

(a) Except as provided in subsections (c) and (d), "negotiable instrument" means an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it:

(1) is payable to bearer or to order at the time it is issued or first comes into possession of a holder;

(2) is payable on demand or at a definite time; and

(3) does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money, but the promise or order may contain (i) an undertaking or power to give, maintain, or protect collateral to secure payment, (ii) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or (iii) a waiver of the benefit of any law intended for the advantage or protection of an obligor.

(b) "Instrument" means a negotiable instrument.

(c) An order that meets all of the requirements of subsection (a), except paragraph (1), and otherwise falls within the definition of "check" in subsection (f) is a negotiable instrument and a check.

(d) A promise or order other than a check is not an instrument if, at the time it is issued or first comes into possession of a holder, it contains a conspicuous statement, however expressed, to the effect that the promise or order is not negotiable or is not an instrument governed by this Article.

(e) An instrument is a "note" if it is a promise and is a "draft" if it is an order. If an instrument falls within the definition of both "note" and "draft," a person entitled to enforce the instrument may treat it as either.

(f) "Check" means (i) a draft, other than a documentary draft, payable on demand and drawn on a bank or (ii) a cashier's check or teller's check. An instrument may be a check even though it is described on its face by another term, such as "money order."

(g) "Cashier's check" means a draft with respect to which the drawer and drawee are the same bank or branches of the same bank.

(h) "Teller's check" means a draft drawn by a bank (i) on another bank, or (ii) payable at or through a bank.

(i) "Traveler's check" means an instrument that (i) is payable on demand, (ii) is drawn on or payable at or through a bank, (iii) is designated by the term "traveler's check" or by a substantially similar term, and (iv) requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the instrument.

(j) "Certificate of deposit" means an instrument containing an acknowledgment by a bank that a sum of money has been received by the bank and a promise by the bank to repay the sum of money. A certificate of deposit is a note of the bank.

Emphasis on sub section (a)(3).

[–] [email protected] 6 points 1 week ago (1 children)

Fun real fact: You can strike elements from any contract you sign if you draw a line through the text and initial it. Half the time the account person catches it and rejects it, but sometimes they don't and you can have some fun. If they took it to court a lawyer could easily argue that both parties would need to have initialed the change, but it's a lot of trouble if you haven't done something insane like struck the interest section of a purchase agreement on credit.

I once did it on an employment contract and struck the section that stipulated availability outside of normal working hours. Just don't expect it to go well once you flex your power.

[–] [email protected] 3 points 1 week ago

This only works when the other party drafted the agreement and is the more sophisticated party.

You could do this to the bank, but the bank cannot do it to you.

[–] [email protected] 7 points 1 week ago (1 children)

I like how they cover all their cases just in case of the very small possibility this doesn't get a sovcit a free house.

[–] [email protected] 3 points 1 week ago

I think they’re trying to say that’s what their magic legalese is saying to the seller.

[–] [email protected] 4 points 1 week ago (1 children)
[–] [email protected] 2 points 1 week ago

Endorsement

[–] [email protected] 30 points 1 week ago

"I have a theory"

Yeah, I'm going to stop you right there.

[–] [email protected] 22 points 1 week ago

Yet another Sovcit who doesn't understand that you can't force someone into a contract.

[–] [email protected] 30 points 1 week ago (2 children)

In plain English:

I have this theory on how to get free stuff that will not work. But I like to laugh at you dumb inbreds, so please go ahead and try it. Just don't complain to me when your stupidity catches up with you and bites you in the ass.

[–] [email protected] 1 points 1 week ago (1 children)

I don't buy it. If you were trolling, wouldn't you want them to whine and complain to you that the account manager rejected their addendum to the purchase agreement?

[–] [email protected] 1 points 1 week ago* (last edited 1 week ago)

True. But at the other hand, why not try this magical method yourself if you're convinced it works? Makes it feel like they very well know this at least has a very real chance of backfiring.

[–] [email protected] 1 points 1 week ago

The ass covering is inside the quotes. It's part of what that redacted sovcit bollocks is supposed to say "in plain English". They've drank the Kool-aid.

[–] [email protected] 38 points 1 week ago

Want a free house?

Just walk in and declare "EMINENT DOMAIN"

It's now yours.

If you fuck this up, and the cops show up, don't blame me!