11 §9-1621. Notification of proposal to accept collateral
§9-1621. Notification of proposal to accept collateral (1). A secured party that desires to accept collateral in full or partial satisfaction of the obligation it secures shall send its proposal to: (a). Any person from which the secured party has received, before the debtor consented to the acceptance, an authenticated notification of a claim […]
11 §9-1622. Effect of acceptance of collateral
§9-1622. Effect of acceptance of collateral (1). A secured party’s acceptance of collateral in full or partial satisfaction of the obligation it secures: (a). Discharges the obligation to the extent consented to by the debtor; [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).] (b). Transfers […]
11 §9-1623. Right to redeem collateral
§9-1623. Right to redeem collateral (1). A debtor, any secondary obligor or any other secured party or lienholder may redeem collateral. [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).] (2). To redeem collateral, a person shall tender: (a). Fulfillment of all obligations secured by the […]
11 §9-1624. Waiver
§9-1624. Waiver (1). A debtor or secondary obligor may waive the right to notification of disposition of collateral under section 9-1611 only by an agreement to that effect entered into and authenticated after default. [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).] (2). A debtor may […]
11 §9-1625. Remedies for secured party’s failure to comply with Article
§9-1625. Remedies for secured party’s failure to comply with Article (1). 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. [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, […]
11 §9-1626. Action in which deficiency or surplus is in issue
§9-1626. Action in which deficiency or surplus is in issue (1). 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. (a). A secured party need not prove compliance with the provisions of this part relating […]
11 §9-1627. Determination of whether conduct was commercially reasonable
§9-1627. Determination of whether conduct was commercially reasonable (1). 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 of itself sufficient to preclude the secured party from establishing that […]
11 §9-1628. Nonliability and limitation on liability of secured party; liability of secondary obligor
§9-1628. Nonliability and limitation on liability of secured party; liability of secondary obligor (1). 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: (a). The secured party is not liable to the person or to a […]
11 §9-1615. Application of proceeds of disposition; liability for deficiency and right to surplus
§9-1615. Application of proceeds of disposition; liability for deficiency and right to surplus (1). A secured party shall apply or pay over for application the cash proceeds of disposition under section 9-1610 in the following order to: (a). The reasonable expenses of retaking, holding, preparing for disposition, processing and disposing and, to the extent […]
11 §9-1616. Explanation of calculation of surplus or deficiency
§9-1616. Explanation of calculation of surplus or deficiency (1). In this section: (a). “Explanation” means a writing that: (i) States the amount of the surplus or deficiency; (ii) Provides an explanation in accordance with subsection (3) of how the secured party calculated the surplus or deficiency; (iii) States, if applicable, that […]