Article 9 — Secured Transactions · Section 9-615

UCC § 9-615

Quick Answer

What does UCC § 9-615 cover?

This section addresses the disposition of collateral and the obligations of secured parties in secured transactions.

Source: U.C.C. § 9-615

Official Text
If a secured party disposes of collateral after default, the secured party shall account for any money received and shall satisfy its obligation to dispose of the collateral in a commercially reasonable manner.
Plain Language

UCC § 9-615 outlines the requirements for a secured party to properly handle and report on collateral following a default. It emphasizes that the sale or other disposition of collateral must be done in a commercially reasonable manner and that the secured party must account for the proceeds.

Key Definitions

Secured Party

A lender or entity that has a security interest in the collateral.

Collateral

Property or assets pledged as security for a loan or credit.

Practical Examples

Example 1

A bank repossesses a car after the borrower defaults on their auto loan and sells it at an auction, ensuring the sale price reflects fair market value.

Example 2

A furniture leasing company retrieves leased items from a business that has gone bankrupt, selling the assets to recover costs and provide an accounting of the sale proceeds to their client.

Common Exam Issues
  • Distinguishing between 'commercially reasonable' methods of disposition.
  • Understanding the obligations of a secured party regarding surplus or deficiency after collateral sale.
  • Potential defenses available to debtors regarding the disposition of collateral.
Related Sections
  • ucc-9-610
  • ucc-9-613

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