Title 11, Chapter 9, Section 607
( 11-9-607)
Collection and enforcement by secured party. (a) Collection and enforcement generally. If so agreed, and in any
event after default, a secured party: (1) May notify an account debtor or other person obligated on
collateral to make payment or otherwise render performance to or
for the benefit of the secured party; (2) May take any proceeds to which the secured party is entitled under Code Section 11-9-315; (3) May enforce the obligations of an account debtor or other
person obligated on collateral and exercise the rights of the
debtor with respect to the obligation of the account debtor or
other person obligated on collateral to make payment or otherwise
render performance to the debtor and with respect to any property
that secures the obligations of the account debtor or other person
obligated on the collateral; (4) If it holds a security interest in a deposit account perfected by control under paragraph (1) of subsection (a) of Code Section 11-9-104, may apply the balance of the deposit account to the obligation secured by the deposit account; and (5) If it holds a security interest in a deposit account perfected by control under paragraph (2) or (3) of subsection (a) of Code Section 11-9-104, may instruct the bank to pay the balance of the deposit account to or for the benefit of the secured party. (b) Nonjudicial enforcement of mortgage. If necessary to enable a
secured party to exercise under paragraph (3) of subsection (a) of
this Code section the right of a debtor to enforce a mortgage
nonjudicially, the secured party may record in the office in which a
record of the mortgage is recorded: (1) A copy of the security agreement that creates or provides for
a security interest in the obligation secured by the mortgage; and (2) The secured party's sworn affidavit in recordable form stating
that: (A) A default has occurred; and (B) The secured party is entitled to enforce the mortgage
nonjudicially. (c) Commercially reasonable collection and enforcement. A secured
party shall proceed in a commercially reasonable manner if the
secured party: (1) Undertakes to collect from or enforce an obligation of an
account debtor or other person obligated on collateral; and (2) Is entitled to charge back uncollected collateral or otherwise
to full or limited recourse against the debtor or a secondary
obligor. (d) Expenses of collection and enforcement. A secured party may
deduct from the collections made pursuant to subsection (c) of this
Code section reasonable expenses of collection and enforcement,
including reasonable attorney's fees and legal expenses incurred by
the secured party. (e) Duties to secured party not affected. This Code section does
not determine whether an account debtor, bank, or other person
obligated on collateral owes a duty to a secured party. |