Section 7-9A-608 – Application of Proceeds of Collection or Enforcement; Liability for Deficiency and Right to Surplus.
Section 7-9A-608 Application of proceeds of collection or enforcement; liability for deficiency and right to surplus. (a) Application of proceeds, surplus, and deficiency if obligation secured. If a security interest or agricultural lien secures payment or performance of an obligation, the following rules apply: (1) A secured party shall apply or pay over for application […]
Section 7-9A-624 – Waiver.
Section 7-9A-624 Waiver. (a) Waiver of disposition notification. A debtor or secondary obligor may waive the right to notification of disposition of collateral under Section 7-9A-611 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 require disposition of collateral […]
Section 7-9A-609 – Secured Party’s Right to Take Possession After Default.
Section 7-9A-609 Secured party’s right to take possession after default. (a) Possession; rendering equipment unusable; disposition on debtor’s premises. After default, a secured party: (1) may take possession of the collateral; and (2) without removal, may render equipment unusable and dispose of collateral on a debtor’s premises under Section 7-9A-610. (b) Judicial and nonjudicial process. […]
Section 7-9A-625 – Remedies for Secured Party’s Failure to Comply With Article.
Section 7-9A-625 Remedies for secured party’s failure to comply with article. (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 […]
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-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 […]
Section 7-9A-628 – Nonliability and Limitation on Liability of Secured Party; Liability of Secondary Obligor.
Section 7-9A-628 Nonliability and limitation on liability of secured party; liability of secondary obligor. (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 […]