Title 11, Chapter 9, Section 207
( 11-9-207)
Rights and duties of secured party having possession or control of collateral. (a) Duty of care when secured party in possession. Except as
otherwise provided in subsection (d) of this Code section, a secured
party shall use reasonable care in the custody and preservation of
collateral in the secured party's possession. In the case of
chattel paper or an instrument, reasonable care includes taking
necessary steps to preserve rights against prior parties unless
otherwise agreed. (b) Expenses, risks, duties, and rights when secured party in
possession. Except as otherwise provided in subsection (d) of this
Code section, if a secured party has possession of collateral: (1) Reasonable expenses, including the cost of insurance and
payment of taxes or other charges, incurred in the custody,
preservation, use, or operation of the collateral are chargeable
to the debtor and are secured by the collateral; (2) The risk of accidental loss or damage is on the debtor to the
extent of a deficiency in any effective insurance coverage; (3) The secured party shall keep the collateral identifiable, but
fungible collateral may be commingled; and (4) The secured party may use or operate the collateral: (A) For the purpose of preserving the collateral or its value; (B) As permitted by an order of a court having competent
jurisdiction; or (C) Except in the case of consumer goods, in the manner and to
the extent agreed by the debtor. (c) Duties and rights when secured party in possession or control. Except as otherwise provided in subsection (d) of this Code section, a secured party having possession of collateral or control of collateral under Code Section 11-9-104, 11-9-105, 11-9-106, or 11-9-107: (1) May hold as additional security any proceeds, except money or
funds, received from the collateral; (2) Shall apply money or funds received from the collateral to
reduce the secured obligation, unless remitted to the debtor; and (3) May create a security interest in the collateral. (d) Buyer of certain rights to payment. If the secured party is a
buyer of accounts, chattel paper, payment intangibles, or promissory
notes or a consignor: (1) Subsection (a) of this Code section does not apply unless the
secured party is entitled under an agreement: (A) To charge back uncollected collateral; or (B) Otherwise to full or limited recourse against the debtor or
a secondary obligor based on the nonpayment or other default of
an account debtor or other obligor on the collateral; and (2) Subsections (b) and (c) of this Code section do not apply. |