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Yes, a UCC lien typically survives a foreclosure sale, which means the lien remains in effect after the sale. The new owner may need to address any existing UCC liens on the property before gaining clear ownership. To navigate this complex issue, consider using the resources available on uSlegalforms platform, which provides guidance on UCC foreclosure sales.
Article 9 regulates the creation of security interests, and the enforcement of those interests, in movable or intangible property and fixtures. It encompasses a wide variety of possessory liens and determines the legal right of ownership if a debtor does not meet their obligations.
Strict foreclosure remedies are found under Section 9-620(c). Strict foreclosure occurs when after a borrower defaults the borrower and lender enter into an agreement under which the borrower turns over some, or all, of the collateral to the lender in full or partial satisfaction of the debt.
A Strict Foreclosure is a process under the UCC whereby a lender receives all or a portion of its collateral in exchange for reducing all or part of the obligations owed by the company to the lender.
Article 9 sets out a framework that permits a secured creditor to repossess and dispose of its collateral efficiently and inexpensively while providing the debtor with various procedural protections. The trigger for the sale is the debtor's default on its obligations to the lender under the applicable loan documents.
Strict Foreclosure. A small number of states allow this type of foreclosure. In strict foreclosure proceedings, the lender files a lawsuit on the homeowner that has defaulted. If the borrower cannot pay the mortgage within a specific timeline ordered by the court, the property goes directly back to the mortgage holder.