Commercial Code section 9618

(a)

A secondary obligor acquires the rights and becomes obligated to perform the duties of the secured party after any of the following occurs:

(1)

The secondary obligor receives an assignment of a secured obligation from the secured party.

(2)

The secondary obligor receives a transfer of collateral from the secured party and agrees to accept the rights and assume the duties of the secured party.

(3)

The secondary obligor is subrogated to the rights of a secured party with respect to collateral.

(b)

Both of the following rules apply with respect to an assignment, transfer, or subrogation described in subdivision (a):

(1)

It is not a disposition of collateral under Section 9610.

(2)

It relieves the secured party of further duties under this division.

Source: Section 9618, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=COM§ionNum=9618.­ (accessed Jun. 2, 2025).

Last Updated

May 12, 2025

§ 9618’s source at ca​.gov