US Lawyer Database

§ 11-9-705. Effectiveness of Action Taken Before Effective Date

Pre-effective date action; one-year perfection period unless reperfected.    If action, other than the filing of a financing statement, is taken before July 1, 2001, and the action would have resulted in priority of a security interest over the rights of a person that becomes a lien creditor had the security interest become enforceable before […]

§ 11-9-707. Amendment of Pre-Effective Date Financing Statement

“Pre-effective date financing statement.”   In this Code section, “pre-effective date financing statement” means a financing statement filed before July 1, 2001. Applicable law.    On or after July 1, 2001, a person may add or delete collateral covered by, continue or terminate the effectiveness of, or otherwise amend the information provided in a pre-effective […]

§ 11-9-709. Priority

Law governing priority.    This article determines the priority of conflicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2001, former Article 9 of this title determines priority. Priority if security interest becomes enforceable under Code Section 11-9-203.    For purposes of subsection (a) of Code Section […]

§ 11-9-710. Exculpation

From July 1, 2001, until July 1, 2006, any search company shall not be liable to its customer as a result of failing to disclose the existence of a filed financing statement in any filing office or index maintained by the authority searched in good faith by such search company to the extent such failure […]

§ 11-9-802. Savings Clause

Pre-effective date transactions or liens.    Except as otherwise provided in this part, this article, as in effect on July 1, 2013, applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before July 1, 2013. Pre-effective date proceedings.    This article, as in effect […]

§ 11-9-803. Security Interest Perfected Before Effective Date

Continuing perfection; perfection requirements satisfied.    A security interest that is a perfected security interest immediately before July 1, 2013, is a perfected security interest under this article, as in effect on July 1, 2013, if, on July 1, 2013, the applicable requirements for attachment and perfection under this article, as in effect on July […]

§ 11-9-609. Secured Party’s Right to Take Possession After Default

Possession; rendering equipment unusable; disposition on debtor’s premises.    After default, a secured party: May take possession of the collateral; and Without removal, may render equipment unusable and dispose of collateral on a debtor’s premises under Code Section 11-9-610. Judicial and nonjudicial process.    A secured party may proceed under subsection (a) of this Code […]

§ 11-9-625. Remedies for Secured Party’s Failure to Comply With Article

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. Damages for noncompliance.    Subject to subsections (c), (d), and (f) of this Code section, a person […]