Security in sales or leases.

Checkout our iOS App for a better way to browser and research.

(1) With respect to a consumer credit sale, a creditor may take a security interest in the property sold. In addition, a creditor may take a security interest in goods upon which services are performed or to which goods sold are annexed, or in land to which the goods are affixed or that is maintained, repaired, or improved as a result of the sale of the goods or services, if in the case of a security interest in land the debt secured is three thousand dollars or more, or in the case of a security interest in goods the debt secured is one thousand dollars or more. Except as provided with respect to cross-collateral described in section 5-3-202, a creditor may not otherwise take a security interest in property of the consumer to secure the debt arising from a consumer credit sale.

  1. With respect to a consumer lease, a creditor may not take a security interest in property of the consumer to secure the debt arising from the lease. This subsection (2) does not apply to a security deposit for a consumer lease.

  2. A security interest taken in violation of this section is void.

Source: L. 2000: Entire article R&RE, p. 1218, § 1, effective July 1.

Editor's note: This section is similar to former § 5-2-407, as it existed prior to 2000.


Download our app to see the most-to-date content.