Title 11, Chapter 3, Section 605
( 11-3-605)
Discharge of indorsers and accommodation parties. (a) In this Code section, the term "indorser" includes a drawer having the obligation described in subsection (d) of Code Section 11-3-414. (b) Discharge, under Code Section 11-3-604, of the obligation of a party to pay an instrument does not discharge the obligation of an indorser or accommodation party having a right of recourse against the discharged party. (c) If a person entitled to enforce an instrument agrees, with or
without consideration, to an extension of the due date of the
obligation of a party to pay the instrument, the extension
discharges an indorser or accommodation party having a right of
recourse against the party whose obligation is extended to the
extent the indorser or accommodation party proves that the extension
caused loss to the indorser or accommodation party with respect to
the right of recourse. (d) If a person entitled to enforce an instrument agrees, with or
without consideration, to a material modification of the obligation
of a party other than an extension of the due date, the modification
discharges the obligation of an indorser or accommodation party
having a right of recourse against the person whose obligation is
modified to the extent the modification causes loss to the indorser
or accommodation party with respect to the right of recourse. The
loss suffered by the indorser or accommodation party as a result of
the modification is equal to the amount of the right of recourse
unless the person enforcing the instrument proves that no loss was
caused by the modification or that the loss caused by the
modification was an amount less than the amount of the right of
recourse. (e) If the obligation of a party to pay an instrument is secured by
an interest in collateral and a person entitled to enforce the
instrument impairs the value of the interest in collateral, the
obligation of an indorser or accommodation party having a right of
recourse against the obligor is discharged to the extent of the
impairment. The burden of proving impairment is on the party
asserting discharge. The value of an interest in collateral is
impaired to the extent (i) the value of the interest is reduced to
an amount less than the amount of the right of recourse of the party
asserting discharge; or (ii) the reduction in value of the interest
causes an increase in the amount by which the amount of the right of
recourse exceeds the value of the interest. (f) If the obligation of a party is secured by an interest in
collateral not provided by an accommodation party and a person
entitled to enforce the instrument impairs the value of the interest
in collateral, the obligation of any party who is jointly and
severally liable with respect to the secured obligation is
discharged to the extent the impairment causes the party asserting
discharge to pay more than that party would have been obliged to
pay, taking into account rights of contribution, if impairment had
not occurred. If the party asserting discharge is an accommodation
party not entitled to discharge under subsection (e) of this Code
section, the party is deemed to have a right to contribution based
on joint and several liability rather than a right to reimbursement.
The burden of proving impairment is on the party asserting
discharge. (g) Under subsection (e) or (f) of this Code section, impairing
value of an interest in collateral includes (i) failure to obtain or
maintain perfection or recordation of the interest in collateral;
(ii) release of collateral without substitution of collateral of
equal value; (iii) failure to perform a duty to preserve the value
of collateral owed, under Article 9 of this title or other law, to a
debtor or surety or other person secondarily liable; or (iv) failure
to comply with applicable law in disposing of collateral. (h) An accommodation party is not discharged under subsection (c), (d), or (e) of this Code section unless the person entitled to enforce the instrument knows of the accommodation or has notice under subsection (c) of Code Section 11-3-419 that the instrument was signed for accommodation. (i) A party is not discharged under this Code section if (i) the
party asserting discharge consents to the event or conduct that is
the basis of the discharge; or (ii) the instrument or a separate
agreement of the party provides for waiver of discharge under this
Code section either specifically or by general language indicating
that parties waive defenses based on suretyship or impairment of
collateral. |