General effectiveness of security agreement.

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(a) Except as otherwise provided by this title, a security agreement is effective according to its terms between the parties, against purchasers of the collateral, and against creditors.

  1. A transaction subject to this article 9 is subject to any applicable rule of law thatestablishes a different rule for consumers and any other statute or rule of this state that regulates the rates, charges, agreements, and practices for loans, credit sales, or other extensions of credit and any consumer protection statute or rule of this state, including, but not limited to, the "Uniform Consumer Credit Code", articles 1 to 9 of title 5; the "Colorado Consumer Protection Act", article 1 of title 6; "assignment of wages", article 9 of title 8; "property and earnings exempt", article 54 of title 13; and the "Colorado Fair Debt Collection Practices Act", article 16 of title 5.

  2. In case of conflict between this article and a rule of law, statute, or regulation described in subsection (b) of this section, the rule of law, statute, or regulation controls. Failure to comply with a statute or regulation described in subsection (b) of this section has only the effect the statute or regulation specifies.

  3. This article does not:

  1. Validate any rate, charge, agreement, or practice that violates a rule of law, statute, orregulation described in subsection (b) of this section; or

  2. Extend the application of the rule of law, statute, or regulation to a transaction nototherwise subject to it.

Source: L. 2001: Entire article R&RE, p. 1334, § 1, effective July 1. L. 2002: (b) and (c) amended, p. 937, § 2, effective August 7. L. 2017: (b) amended, (HB 17-1238), ch. 260, p. 1169, § 5, effective August 9.

Editor's note: (1) The provisions of this section are similar to former §§ 4-9-201 and 49-203 (4) as they existed prior to 2001.

(2) Colorado legislative change: Colorado did not adopt the phrase "rule of law" in subsections (b) and (c) in 2001 when this article was repealed and reenacted. The phrase was subsequently adopted in 2002.


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