Section 7-9A-806 – When Initial Financing Statement Suffices to Continue Effectiveness of Financing Statement.
Section 7-9A-806 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 Section 7-9A-501 continues the effectiveness of a financing statement filed before July 1, 2014, if: (1) the filing of an initial […]
Section 7-9A-807 – Amendment of Pre-Effective Date Financing Statement.
Section 7-9A-807 Amendment of pre-effective date financing statement. (a) Pre-effective date financing statement. In this section, pre-effective date financing statement means a financing statement filed before July 1, 2014. (b) Applicable law. After July 1, 2014, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the […]
Section 7-9A-808 – Person Entitled to File Initial Financing Statement or Continuation Statement.
Section 7-9A-808 Person entitled to file initial financing statement or continuation statement. A person may file an initial financing statement or a continuation statement under this part if: (1) the secured party of record authorizes the filing; and (2) the filing is necessary under this part: (A) to continue the effectiveness of a financing statement […]
Section 7-9A-809 – Priority.
Section 7-9A-809 Priority. Act 2014-374 determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2014, Article 9A as it existed before amendment determines priority. (Act 2014-374, p. 1339, §2.)
Section 7-9A-610 – Disposition of Collateral After Default.
Section 7-9A-610 Disposition of collateral after default. (a) 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. (b) Commercially reasonable disposition. Every aspect of a disposition of collateral, including the […]
Section 7-9A-626 – Action in Which Deficiency or Surplus Is in Issue.
Section 7-9A-626 Action in which deficiency or surplus is in issue. (a) Applicable rules if amount of deficiency or surplus in issue. In an action arising from a transaction, other than a consumer transaction, in which the amount of a deficiency or surplus is in issue, the following rules apply: (1) A secured party need […]
Section 7-9A-805 – Effectiveness of Action Taken Before Effective Date.
Section 7-9A-805 Effectiveness of action taken before effective date. (a) Pre-effective date filing effective. The filing of a financing statement before July 1, 2014, is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under Article 9A as amended by Act 2014-374. (b) When pre-effective date […]
Section 7-9A-611 – Notification Before Disposition of Collateral.
Section 7-9A-611 Notification before disposition of collateral. (a) “Notification date.” In this section, “notification date” means the earlier of the date on which: (1) a secured party sends to the debtor and any secondary obligor an authenticated notification of disposition; or (2) the debtor and any secondary obligor waive the right to notification. (b) Notification […]
Section 7-9A-627 – Determination of Whether Conduct Was Commercially Reasonable.
Section 7-9A-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 […]
Section 7-9A-612 – Timeliness of Notification Before Disposition of Collateral.
Section 7-9A-612 Timeliness of notification before disposition of collateral. (a) Reasonable time is question of fact. Except as otherwise provided in subsection (b), whether a notification is sent within a reasonable time is a question of fact. (b) 10-day period sufficient in non-consumer transaction. In a transaction other than a consumer transaction, a notification of […]