North Carolina General Statutes
Article 9 - Secured Transactions.
§ 25-9-618 - Rights and duties of certain secondary obligors.

25-9-618. Rights and duties of certain secondary obligors.
(a) Rights and duties of secondary obligor. - A secondary obligor acquires the rights and becomes obligated to perform the duties of the secured party after the secondary obligor:
(1) Receives an assignment of a secured obligation from the secured party;
(2) Receives a transfer of collateral from the secured party and agrees to accept the rights and assume the duties of the secured party; or
(3) Is subrogated to the rights of a secured party with respect to collateral.
(b) Effect of assignment, transfer, or subrogation. - An assignment, transfer, or subrogation described in subsection (a) of this section:
(1) Is not a disposition of collateral under G.S. 25-9-610; and
(2) Relieves the secured party of further duties under this Article. (1965, c. 700, s. 1; 1975, c. 862, s. 7; 2000-169, s. 1.)

Structure North Carolina General Statutes

North Carolina General Statutes

Chapter 25 - Uniform Commercial Code

Article 9 - Secured Transactions.

§ 25-9-101 - Short title.

§ 25-9-102 - Definitions and index of definitions.

§ 25-9-103 - Purchase-money security interest; application of payments; burden of establishing.

§ 25-9-103.1 - Production-money crops; production-money obligation; production-money security interest; burden of establishing.

§ 25-9-104 - Control of deposit account.

§ 25-9-105 - Control of electronic chattel paper.

§ 25-9-106 - Control of investment property.

§ 25-9-107 - Control of letter-of-credit right.

§ 25-9-108 - Sufficiency of description.

§ 25-9-109 - Scope.

§ 25-9-110 - Security interests arising under Article 2 or 2A of this Chapter.

§ 25-9-201 - General effectiveness of security agreement.

§ 25-9-202 - Title to collateral immaterial.

§ 25-9-203 - Attachment and enforceability of security interest; proceeds; supporting obligations; formal requisites.

§ 25-9-204 - After-acquired property; future advances.

§ 25-9-205 - Use or disposition of collateral permissible.

§ 25-9-206 - Security interest arising in purchase or delivery of financial asset.

§ 25-9-207 - Rights and duties of secured party having possession or control of collateral.

§ 25-9-208 - Additional duties of secured party having control of collateral.

§ 25-9-209 - Duties of secured party if account debtor has been notified of assignment.

§ 25-9-210 - Request for accounting; request regarding list of collateral or statement of account.

§ 25-9-301 - Law governing perfection and priority of security interests.

§ 25-9-302 - Law governing perfection and priority of agricultural liens.

§ 25-9-303 - Law governing perfection and priority of security interests in goods covered by a certificate of title.

§ 25-9-304 - Law governing perfection and priority of security interests in deposit accounts.

§ 25-9-305 - Law governing perfection and priority of security interests in investment property.

§ 25-9-306 - Law governing perfection and priority of security interests in letter-of-credit rights.

§ 25-9-307 - Location of debtor.

§ 25-9-308 - When security interest or agricultural lien is perfected; continuity of perfection.

§ 25-9-309 - Security interest perfected upon attachment.

§ 25-9-310 - When filing required to perfect security interest or agricultural lien; security interests and agricultural liens to which filing provisions do not apply.

§ 25-9-311 - Perfection of security interests in property subject to certain statutes, regulations, and treaties.

§ 25-9-312 - Perfection of security interests in chattel paper, deposit accounts, documents, goods covered by documents, instruments, investment property, letter-of-credit rights, and money; perfection by permissive filing; temporary perfection witho...

§ 25-9-313 - When possession by or delivery to secured party perfects security interest without filing.

§ 25-9-314 - Perfection by control.

§ 25-9-315 - Secured party's rights on disposition of collateral and in proceeds.

§ 25-9-316 - Effect of change in governing law.

§ 25-9-317 - Interests that take priority over or take free of security interest or agricultural lien.

§ 25-9-318 - No interest retained in right to payment that is sold; rights and title of seller of account or chattel paper with respect to creditors and purchasers.

§ 25-9-319 - Rights and title of consignee with respect to creditors and purchasers.

§ 25-9-320 - Buyer of goods.

§ 25-9-321 - Licensee of general intangible and lessee of goods in ordinary course of business.

§ 25-9-322 - Priorities among conflicting security interests in and agricultural liens on same collateral.

§ 25-9-323 - Future advances.

§ 25-9-324 - Priority of purchase-money security interests.

§ 25-9-324.1 - Priority of production-money security interests and agricultural liens.

§ 25-9-325 - Priority of security interests in transferred collateral.

§ 25-9-326 - Priority of security interests created by new debtor.

§ 25-9-327 - Priority of security interests in deposit account.

§ 25-9-328 - Priority of security interests in investment property.

§ 25-9-329 - Priority of security interests in letter-of-credit right.

§ 25-9-330 - Priority of purchaser of chattel paper or instrument.

§ 25-9-331 - Priority of rights of purchasers of instruments, documents, and securities under other Articles; priority of interests in financial assets and security entitlements under Article 8.

§ 25-9-332 - Transfer of money; transfer of funds from deposit account.

§ 25-9-333 - Priority of certain liens arising by operation of law.

§ 25-9-334 - Priority of security interests in fixtures and crops.

§ 25-9-335 - Accessions.

§ 25-9-336 - Commingled goods.

§ 25-9-337 - Priority of security interests in goods covered by certificate of title.

§ 25-9-338 - Priority of security interest or agricultural lien perfected by filed financing statement providing certain incorrect information.

§ 25-9-339 - Priority subject to subordination.

§ 25-9-340 - Effectiveness of right of recoupment or setoff against deposit account.

§ 25-9-341 - Bank's rights and duties with respect to deposit account.

§ 25-9-342 - Bank's right to refuse to enter into or disclose existence of control agreement.

§ 25-9-401 - Alienability of debtor's rights.

§ 25-9-402 - Secured party not obligated on contract of debtor or in tort.

§ 25-9-403 - Agreement not to assert defenses against assignee.

§ 25-9-404 - Rights acquired by assignee; claims and defenses against assignee.

§ 25-9-405 - Modification of assigned contract.

§ 25-9-406 - Discharge of account debtor; notification of assignment; identification and proof of assignment; restrictions on assignment of accounts, chattel paper, payment intangibles, and promissory notes ineffective.

§ 25-9-407 - Restrictions on creation or enforcement of security interest in leasehold interest or in lessor's residual interest.

§ 25-9-408 - Restrictions on assignment of promissory notes, health-care-insurance receivables, and certain general intangibles ineffective.

§ 25-9-409 - Restrictions on assignment of letter-of-credit rights ineffective.

§ 25-9-501 - Filing offices.

§ 25-9-502 - Contents of financing statement; record of mortgage as financing statement; time of filing financing statement.

§ 25-9-503 - Name of debtor and secured party.

§ 25-9-504 - Indication of collateral.

§ 25-9-505 - Filing and compliance with other statutes and treaties for consignments, leases, other bailments, and other transactions.

§ 25-9-506 - Effect of errors or omissions.

§ 25-9-507 - Effect of certain events on effectiveness of financing statement.

§ 25-9-508 - Effectiveness of financing statement if new debtor becomes bound by security agreement.

§ 25-9-509 - Persons entitled to file a record.

§ 25-9-510 - Effectiveness of filed record.

§ 25-9-511 - Secured party of record.

§ 25-9-512 - Amendment of financing statement.

§ 25-9-513 - Termination statement.

§ 25-9-514 - Assignment of powers of secured party of record.

§ 25-9-515 - Duration and effectiveness of financing statement; effect of lapsed financing statement.

§ 25-9-516 - What constitutes filing; effectiveness of filing.

§ 25-9-517 - Effect of indexing errors.

§ 25-9-518 - Claim concerning inaccurate or wrongfully filed record.

§ 25-9-519 - Numbering, maintaining, and indexing records; communicating information provided in records.

§ 25-9-520 - Acceptance, refusal to accept record, and cancellation of record.

§ 25-9-521 - Uniform form of written financing statement and amendment.

§ 25-9-522 - Maintenance and destruction of records.

§ 25-9-523 - Information from filing office.

§ 25-9-524 - Delay by filing office.

§ 25-9-525 - Fees.

§ 25-9-526 - Filing-office rules.

§ 25-9-601 - Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.

§ 25-9-602 - Waiver and variance of rights and duties.

§ 25-9-603 - Agreement on standards concerning rights and duties.

§ 25-9-604 - Procedure if security agreement covers real property or fixtures.

§ 25-9-605 - Unknown debtor or secondary obligor.

§ 25-9-606 - Time of default for agricultural lien.

§ 25-9-607 - Collection and enforcement by secured party.

§ 25-9-608 - Application of proceeds of collection or enforcement; liability for deficiency and right to surplus.

§ 25-9-609 - Secured party's right to take possession after default.

§ 25-9-610 - Disposition of collateral after default.

§ 25-9-611 - Notification before disposition of collateral.

§ 25-9-612 - Timeliness of notification before disposition of collateral.

§ 25-9-613 - Contents and form of notification before disposition of collateralgeneral.

§ 25-9-614 - Contents and form of notification before disposition of collateralconsumer-goods transaction.

§ 25-9-615 - Application of proceeds of disposition; liability for deficiency and right to surplus.

§ 25-9-616 - Explanation of calculation of surplus or deficiency.

§ 25-9-617 - Rights of transferee of collateral.

§ 25-9-618 - Rights and duties of certain secondary obligors.

§ 25-9-619 - Transfer of record or legal title.

§ 25-9-620 - Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral.

§ 25-9-621 - Notification of proposal to accept collateral.

§ 25-9-622 - Effect of acceptance of collateral.

§ 25-9-623 - Right to redeem collateral.

§ 25-9-624 - Waiver.

§ 25-9-625 - Remedies for secured party's failure to comply with Article.

§ 25-9-626 - Action in which deficiency or surplus is in issue.

§ 25-9-627 - Determination of whether conduct was commercially reasonable.

§ 25-9-628 - Nonliability and limitation on liability of secured party; liability of secondary obligor.

§ 25-9-701 - Effective date.

§ 25-9-702 - Savings clause.

§ 25-9-703 - Security interest perfected before effective date.

§ 25-9-704 - Security interest unperfected before effective date.

§ 25-9-705 - Effectiveness of action taken before effective date.

§ 25-9-706 - When initial financing statement suffices to continue effectiveness of financing statement.

§ 25-9-707 - Amendment of pre-effective-date financing statement.

§ 25-9-708 - Persons entitled to file initial financing statement or continuation statement.

§ 25-9-709 - Priority.

§ 25-9-710 - Special transitional provision for maintaining and searching local-filing office records.