Section 446. Restriction on assignment of obligation  


Latest version.
  • 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.