§ 25-9-625 – Remedies for secured party's failure to comply with Article.
25-9-625. 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 […]
§ 25-9-626 – Action in which deficiency or surplus is in issue.
25-9-626. 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 […]
§ 25-9-627 – Determination of whether conduct was commercially reasonable.
25-9-627. 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 […]
§ 25-9-628 – Nonliability and limitation on liability of secured party; liability of secondary obligor.
25-9-628. 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 […]
§ 25-9-701 – Effective date.
25-9-701. Effective date. This act takes effect on July 1, 2001. References in this Part to "this act" refer to PARTS I, II, and III of the session law by which this Part is added to Article 9 of Chapter 25 of the General Statutes. References in this Part to "former Article 9" are to […]
§ 25-9-702 – Savings clause.
25-9-702. Savings clause. (a) Pre-effective-date transactions or liens. – Except as otherwise provided in this Part, this act applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before July 1, 2001. (b) Continuing validity. – Except as otherwise provided in subsection (c) of this […]
§ 25-9-703 – Security interest perfected before effective date.
25-9-703. Security interest perfected before effective date. (a) Continuing priority over lien creditor: perfection requirements satisfied. – A security interest that is enforceable immediately before July 1, 2001 and would have priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest under this act if, […]
§ 25-9-704 – Security interest unperfected before effective date.
25-9-704. Security interest unperfected before effective date. A security interest that is enforceable immediately before July 1, 2001 but which would be subordinate to the rights of a person that becomes a lien creditor at that time: (1) Remains an enforceable security interest for one year after July 1, 2001; (2) Remains enforceable thereafter if […]
§ 25-9-705 – Effectiveness of action taken before effective date.
25-9-705. Effectiveness of action taken before effective date. (a) 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 […]
§ 25-9-621 – Notification of proposal to accept collateral.
25-9-621. Notification of proposal to accept collateral. (a) Persons to which proposal to be sent. – A secured party that desires to accept collateral in full or partial satisfaction of the obligation it secures shall send its proposal to: (1) Any person from which the secured party has received, before the debtor consented to the […]