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-613 – Contents and Form of Notification Before Disposition of Collateral: General.
Section 7-9A-613 Contents and form of notification before disposition of collateral: General. Except in a consumer-goods transaction, the following rules apply: (1) The contents of a notification of disposition are sufficient if the notification: (A) describes the debtor and the secured party; (B) describes the collateral that is the subject of the intended disposition; (C) […]
Section 7-9A-614 – Contents and Form of Notification Before Disposition of Collateral: Consumer-Goods Transaction.
Section 7-9A-614 Contents and form of notification before disposition of collateral: Consumer-goods transaction. In a consumer-goods transaction, the following rules apply: (1) A notification of disposition must provide the following information: (A) the information specified in Section 7-9A-613(1); (B) a description of any liability for a deficiency of the person to which the notification is […]
Section 7-9A-615 – Application of Proceeds of Disposition; Liability for Deficiency and Right to Surplus.
Section 7-9A-615 Application of proceeds of disposition; liability for deficiency and right to surplus. (a) Application of proceeds. A secured party shall apply or pay over for application the cash proceeds of disposition under Section 7-9A-610 in the following order to: (1) the reasonable expenses of retaking, holding, preparing for disposition, processing, and disposing, and, […]
Section 7-9A-616 – Explanation of Calculation of Surplus or Deficiency.
Section 7-9A-616 Explanation of calculation of surplus or deficiency. (a) Definitions. In this section: (1) “Explanation” means a writing that: (A) states the amount of the surplus or deficiency; (B) provides an explanation in accordance with subsection (c) of how the secured party calculated the surplus or deficiency; (C) states, if applicable, that future debits, […]
Section 7-9A-617 – Rights of Transferee of Collateral.
Section 7-9A-617 Rights of transferee of collateral. (a) Effects of disposition. A secured party’s disposition of collateral after default: (1) transfers to a transferee for value all of the debtor’s rights in the collateral; (2) discharges the security interest under which the disposition is made; and (3) discharges any subordinate security interest or other subordinate […]
Section 7-9A-618 – Rights and Duties of Certain Secondary Obligors.
Section 7-9A-618 Rights and duties of certain secondary obligors. (a) Rights and duties of secondary obligor. A secondary obligor acquires the rights and becomes obligated to perform the duties of the secured party after the secondary obligor: (1) receives an assignment of a secured obligation from the secured party; (2) receives a transfer of collateral […]
Section 7-9A-603 – Agreement on Standards Concerning Rights and Duties.
Section 7-9A-603 Agreement on standards concerning rights and duties. (a) Agreed standards. The parties may determine by agreement the standards measuring the fulfillment of the rights of a debtor or obligor and the duties of a secured party under a rule stated in Section 7-9A-602 if the standards are not manifestly unreasonable. (b) Agreed standards […]
Section 7-9A-619 – Transfer of Record or Legal Title.
Section 7-9A-619 Transfer of record or legal title. (a) “Transfer statement.” In this section, “transfer statement” means a record authenticated by a secured party stating: (1) that the debtor has defaulted in connection with an obligation secured by specified collateral; (2) that the secured party has exercised its post-default remedies with respect to the collateral; […]
Section 7-9A-604 – Procedure if Security Agreement Covers Real Property or Fixtures.
Section 7-9A-604 Procedure if security agreement covers real property or fixtures. (a) Enforcement: Personal and real property. If a security agreement covers both personal and real property, a secured party may proceed: (1) under this part as to the personal property without prejudicing any rights with respect to the real property; or (2) as to […]