84-9-624 Waiver.
84-9-624. Waiver. (a) Waiver of disposition notification. A debtor or secondary obligor may waive the right to notification of disposition of collateral under K.S.A. 2021 Supp. 84-9-611, and amendments thereto, only by an agreement to that effect entered into and authenticated after default. (b) Waiver of mandatory disposition. A debtor may waive the right to […]
84-9-625 Judicial remedies for secured party noncompliance; damages.
84-9-625. Judicial remedies for secured party noncompliance; damages. (a) Judicial orders concerning noncompliance. If it is established that a secured party is not proceeding in accordance with this article, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions. (b) Damages for noncompliance. Subject to subsections (c), (d) […]
84-9-626 Action in which deficiency or surplus is in issue. Applicable rules if amount of deficiency or surplus in issue.
84-9-626. Action in which deficiency or surplus is in issue. Applicable rules if amount of deficiency or surplus in issue. In an action arising from a transaction in which the amount of a deficiency or surplus is in issue, the following rules apply: (1) A secured party need not prove compliance with the provisions of […]
84-9-627 Determination of whether conduct was commercially reasonable.
84-9-627. Determination of whether conduct was commercially reasonable. (a) Greater amount obtainable under other circumstances; no preclusion of commercial reasonableness. The fact that a greater amount could have been obtained by a collection, enforcement, disposition, or acceptance at a different time or in a different method from that selected by the secured party is not […]
84-9-628 Nonliability and limitation on liability of secured party.
84-9-628. Nonliability and limitation on liability of secured party. (a) Limitation of liability of secured party for noncompliance with article. Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person: (1) The secured party is not liable to […]
84-9-702 Savings clause.
84-9-702. Savings clause. (a) Pre-effective date transactions or liens. Except as otherwise provided in this part, this act applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before this act takes effect. (b) Continuing validity. Except as otherwise provided in subsection (c) and K.S.A. […]
84-9-703 Security interest perfected before effective date.
84-9-703. Security interest perfected before effective date. (a) Continuing priority over lien creditor: Perfection requirements satisfied. A security interest that is enforceable immediately before this act takes effect and would have priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest under this act if, […]
84-9-704 Security interest unperfected before effective date.
84-9-704. Security interest unperfected before effective date. A security interest that is enforceable immediately before this act takes effect but which would be subordinate to the rights of a person that becomes a lien creditor at that time: (1) Remains an enforceable security interest for one year after this act takes effect; (2) remains enforceable […]
84-9-705 Effectiveness of action taken before effective date.
84-9-705. Effectiveness of action taken before effective date. (a) Pre-effective date action; one-year perfection period unless reperfected. If action, other than the filing of a financing statement, is taken before this act takes effect and the action would have resulted in priority of a security interest over the rights of a person that becomes a […]
84-9-706 When initial financing statement suffices to continue effectiveness of financing statement.
84-9-706. When initial financing statement suffices to continue effectiveness of financing statement. (a) Initial financing statement in lieu of continuation statement. The filing of an initial financing statement in the office specified in K.S.A. 2021 Supp. 84-9-501, and amendments thereto, continues the effectiveness of a financing statement filed before this act takes effect if: (1) […]