California Codes, Civil Code - CIV, Division 3 — Obligations, Part 4 — Obligations Arising from Particular Transactions, Title 13 — Suretyship, Article 7 — Position of Sureties, Section 2849

A surety is entitled to the benefit of every security for the performance of the principal obligation held by the creditor, or by a co-surety at the time of entering into the contract of suretyship, or acquired by him afterwards, whether the surety was aware of the security or not.

Notes

Allows a surety to receive the benefit of every security held by the creditor or a co-surety for performance of the principal obligation, whether held when the suretyship was formed or acquired later. The right applies regardless of whether the surety knew the security existed.

Use as reference

Lexinter.net | California Code, Civil Code - CIV § 2849 | https://laws.lexinter.net/codes/california/civil-code/division-3/part-4/title-13/article-7/section-2849

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