Current through the 2024 Regular Session
Section 75-9-318 - 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(a) A debtor that has sold an account, chattel paper, payment intangible, or promissory note does not retain a legal or equitable interest in the collateral sold.(b) For purposes of determining the rights of creditors of, and purchasers for value of an account or chattel paper from, a debtor that has sold an account or chattel paper, while the buyer's security interest is unperfected, the debtor is deemed to have rights and title to the account or chattel paper identical to those the debtor sold.Former 1972 Code § 75-9-318 [Codes, 1942, § 41A:9-318; Laws, 1966, ch. 316, § 9-318; Laws, 1977, ch. 452, § 23, eff. 4/1/1978] is now found in comparable provisions enacted at §§ 75-9-404 through 75-9-406 by Laws, 2001, ch. 495, § 1. Present § 75-9-318 was enacted by Laws, 2001, ch. 495, § 1, eff. 1/1/2002.