Title 11, Chapter 9, Section 620
( 11-9-620)
Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral. (a) Conditions to acceptance in satisfaction. Except as otherwise
provided in subsection (g) of this Code section, 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) of
this Code section; (2) The secured party does not receive, within the time set forth
in subsection (d) of this Code section, a notification of
objection to the proposal authenticated by: (A) A person to which the secured party was required to send a proposal under Code Section 11-9-621; 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) of this Code section does not require the secured party to dispose of the collateral or the debtor waives the requirement pursuant to Code Section 11-9-624. (b) Purported acceptance ineffective. A purported or apparent
acceptance of collateral under this Code 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) of this Code section are met. (c) Debtor's consent. For purposes of this Code 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 paragraph
(2) of subsection (a) of this Code section, 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 Code Section 11-9-621, 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 Code Section 11-9-621; or (B) If a notification was not sent, before the debtor consents
to the acceptance under subsection (c) of this Code section. (e) Mandatory disposition of consumer goods. A secured party that has taken possession of collateral shall dispose of the collateral pursuant to Code Section 11-9-610 within the time specified in subsection (f) of this Code section if: (1) Sixty percent of the cash price has been paid in the case of a
purchase money security interest in consumer goods; or (2) Sixty percent of the principal amount of the obligation
secured has been paid in the case of a nonpurchase money security
interest in consumer goods. (f) Compliance with mandatory disposition requirement. To comply
with subsection (e) of this Code section, 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, a secured party may not accept collateral in partial
satisfaction of the obligation it secures. |