Legislation

Search OpenLegislation Statutes

This entry was published on 2015-09-04
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 446
Restriction on assignment of obligation
Personal Property (PEP) CHAPTER 41, ARTICLE 10-B
§ 446. Restriction on assignment of obligation. 1. A seller shall not
negotiate, transfer, sell or assign any note or other evidence of
indebtedness to a finance company or other third party prior to midnight
of the fifth business day following the day the seller sent written
notice to the buyer informing the buyer of his right to cancel.

2. The assignee of any note or evidence of indebtedness shall be
subject to all claims and defenses of the buyer against the seller
arising from the sale notwithstanding any agreement to the contrary, but
the assignee's liability under this subdivision shall not exceed the
amount owing to the assignee at the time the claim or defense is
asserted against the assignee. Rights of the buyer under this section
can be asserted affirmatively against a claim by the assignee.