§ 9—620. Acceptance of collateral in full or partial satisfaction of obligation; compulsory
disposition of collateral
(a) Except as otherwise provided in subsection (g) of this 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 section;
(2) the secured party does not receive, within the time set forth in subsection (d) of
this section, a notification of objection to the proposal signed by:
(A) a person to which the secured party was required to send a proposal under section 9—621 of this title; 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 section does not require the secured party to dispose of the
collateral or the debtor waives the requirement pursuant to section 9—624 of this title.
(b) A purported or apparent acceptance of collateral under this section is ineffective
unless:
(1) the secured party consents to the acceptance in a signed record or sends a proposal
to the debtor; and
(2) the conditions of subsection (a) of this section are met.
(c) 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 signed
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 signed
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 signed by the debtor within 20 days after
the proposal is sent.
(d) To be effective under subdivision (a)(2) of this 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 section 9—621 of this title, 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 section 9—621 of this title; or
(B) if a notification was not sent, before the debtor consents to the acceptance under
subsection (c) of this section.
(e) A secured party that has taken possession of collateral shall dispose of the collateral
pursuant to section 9—610 of this title within the time specified in subsection (f) of this section 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 nonpurchase-money security interest in consumer goods.
(f) To comply with subsection (e) of this 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 signed after default.
(g) In a consumer transaction, a secured party may not accept collateral in partial satisfaction
of the obligation it secures. (Added 1999, No. 106 (Adj. Sess.), § 2, eff. July 1, 2001; amended 2025, No. 17, § 9, eff. July 1, 2025.)