Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral

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Except as otherwise provided in subsection (g), a secured party may accept collateral in full or partial satisfaction of the obligation it secures only if:

  1. The debtor consents to the acceptance under subsection (c);
  2. The secured party does not receive, within the time set forth in subsection (d), a notification of objection to the proposal authenticated by:
  3. If the collateral is consumer goods, the collateral is not in the possession of the debtor when the debtor consents to the acceptance; and
  4. Subsection (e) does not require the secured party to dispose of the collateral or the debtor waives the requirement pursuant to Section 75-9-624.

A person to which the secured party was required to send a proposal under Section 75-9-621; or

Any other person, other than the debtor, holding an interest in the collateral subordinate to the security interest that is the subject of the proposal;

A purported or apparent acceptance of collateral under this section is ineffective unless:

The secured party consents to the acceptance in an authenticated record or sends a proposal to the debtor; and

The conditions of subsection (a) are met.

For purposes of this section:

A debtor consents to an acceptance of collateral in partial satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record authenticated after default; and

A debtor consents to an acceptance of collateral in full satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record authenticated after default or the secured party:

Sends to the debtor after default a proposal that is unconditional or subject only to a condition that collateral not in the possession of the secured party be preserved or maintained;

In the proposal, proposes to accept collateral in full satisfaction of the obligation it secures; and

Does not receive a notification of objection authenticated by the debtor within twenty (20) days after the proposal is sent.

To be effective under subsection (a)(2), a notification of objection must be received by the secured party:

In the case of a person to which the proposal was sent pursuant to Section 75-9-621, within twenty (20) days after notification was sent to that person; and

In other cases:

Within twenty (20) days after the last notification was sent pursuant to Section 75-9-621; or

If a notification was not sent, before the debtor consents to the acceptance under subsection (c).

A secured party that has taken possession of collateral shall dispose of the collateral pursuant to Section 75-9-610 within the time specified in subsection (f) if:

Sixty percent (60%) of the cash price has been paid in the case of a purchase-money security interest in consumer goods; or

Sixty percent (60%) of the principal amount of the obligation secured has been paid in the case of a nonpurchase-money security interest in consumer goods.

To comply with subsection (e), the secured party shall dispose of the collateral:

Within ninety (90) days after taking possession; or

Within any longer period to which the debtor and all secondary obligors have agreed in an agreement to that effect entered into and authenticated after default.

In a consumer transaction, a secured party may not accept collateral in partial satisfaction of the obligation it secures.


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