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

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

  • (a) Conditions to acceptance in satisfaction. 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:

      • (A) a person to which the secured party was required to send a proposal under § 9–621; or

      • (B) 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;

    • (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 § 9–624.

  • (b) Purported acceptance ineffective. A purported or apparent acceptance of collateral under this section is ineffective unless:

    • (1) the secured party consents to the acceptance in an authenticated record or sends a proposal to the debtor; and

    • (2) the conditions of subsection (a) are met.

  • (c) Debtor's consent. For purposes of this section:

    • (1) 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

    • (2) 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:

      • (A) 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;

      • (B) in the proposal, proposes to accept collateral in full satisfaction of the obligation it secures; and

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

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

    • (1) in the case of a person to which the proposal was sent pursuant to § 9–621, within 20 days after notification was sent to that person; and

    • (2) in other cases:

      • (A) within 20 days after the last notification was sent pursuant to § 9–621; or

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

  • (e) Mandatory disposition of consumer goods. A secured party that has taken possession of collateral shall dispose of the collateral pursuant to § 9–6I0 within the time specified in subsection (f) if:

    • (1) 60 percent of the cash price has been paid in the case of a purchase-money security interest in consumer goods; or

    • (2) 60 percent of the principal amount of the obligation secured has been paid in the case of a non-purchase-money security interest in consumer goods.

  • (f) Compliance with mandatory disposition requirement. To comply with subsection (e), the secured party shall dispose of the collateral:

    • (1) within 90 days after taking possession; or

    • (2) 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.

  • (g) No partial satisfaction in consumer transaction. In a consumer transaction, secured party may not accept collateral in partial satisfaction of the obligation it secures.


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