§ 11-9-610. Disposition of Collateral After Default

1. Disposition after default.    After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing.
2. Commercially reasonable disposition.    Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable. If commercially reasonable, a secured party may dispose of collateral by public or private proceedings, by one or more contracts, as a unit or in parcels, and at any time and place and on any terms.
3. Purchase by secured party.    A secured party may purchase collateral:
   1. At a public disposition; or
   2. At a private disposition only if the collateral is of a kind that is customarily sold on a recognized market or the subject of widely distributed standard price quotations.
4. Warranties on disposition.    A contract for sale, lease, license, or other disposition includes the warranties relating to title, possession, quiet enjoyment, and the like which by operation of law accompany a voluntary disposition of property of the kind subject to the contract.
5. Disclaimer of warranties.    A secured party may disclaim or modify warranties under subsection (d) of this Code section:
   1. In a manner that would be effective to disclaim or modify the warranties in a voluntary disposition of property of the kind subject to the contract of disposition; or
   2. By communicating to the purchaser a record evidencing the contract for disposition and including an express disclaimer or modification of the warranties.
6. Record sufficient to disclaim warranties.    A record is sufficient to disclaim warranties under subsection (e) of this Code section if it indicates “There is no warranty relating to title, possession, quiet enjoyment, or the like in this disposition” or uses words of similar import.

History. Code 1981, § 11-9-610 , enacted by Ga. L. 2001, p. 362, § 1.

Cross references.

Additional provisions regarding disposition of goods repossessed after default, § 10-1-10 .

Law reviews.

For note discussing repossession and foreclosure as creditor’s remedies under the Uniform Commercial Code, see 3 Ga. L. Rev. 198 (1968).

For article, “The Revisions to Article IX of the Uniform Commercial Code,” see 15 Ga. St. B.J. 120 (1977).

For article surveying developments in Georgia commercial law from mid-1980 through mid-1981, see 33 Mercer L. Rev. 33 (1981).

For comment on a secured party’s burden of proof in seeking a deficiency judgment after resale of collateral, see 33 Mercer L. Rev. 397 (1981).

For article, “Nonjudicial Foreclosures in Georgia: Fresh Doubts, Issues and Strategies,” see 23 Ga. St. B.J. 123 (1987).

For annual survey of commercial law, see 43 Mercer L. Rev. 119 (1991).