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Article 9 of the Uniform Commercial Code (UCC) governs secured transactions, including those involving the Ohio Notice of Public Sale of Collateral (Consumer Goods) on Default. This section outlines the rules for creating and enforcing security interests, thereby protecting the rights of creditors. Familiarity with Article 9 can enhance your understanding of collateral agreements and their implications.
Section 9-609 of the Uniform Commercial Code (UCC) permits the secured party to take possession of the collateral on default (unless the agreement specifies otherwise):
Collateral Disposition means any sale, transfer or other disposition (whether voluntary or involuntary) to the extent involving assets or other rights or property that constitute Collateral.
Article 9 is an article under the Uniform Commercial Code (UCC) that governs secured transactions, or those transactions that pair a debt with the creditor's interest in the secured property.
Under Section 9-611 of the Uniform Commercial Code, a secured creditor is required, in most circumstances, to send a reasonable authenticated notification of disposition. The notice is intended to provide the debtor, and other interested parties, an opportunity to monitor the disposition of the collateral, purchase
A PMSI is created in goods when a seller retains a security interest in the goods sold on credit by a security agreement. A debtor need not sign the financing statement. Attachment must occur in order to make a security interest enforceable against the debtor and against third parties.
In short, UCC Article 9's main objective is to help lenders become secured creditors. Article 9 regulates security interests in personal property as collateral for an outstanding debt.
Key Points for the Secured Party to Remember Upon Debtor's Default. The term default is not defined under Article 9; the debtor and Secured Party are left to define events of default within their contract. The collateral may be repossessed.
Cash proceeds consist of money, checks, deposit accounts, or the like. U.C.C. § 9-102 (a)(9). Article 9 further assists secured parties by continuing indefinitely perfection of security interests in identifiable cash proceeds if the security interest in the original collateral was properly perfected.
Section 9-609 of the Uniform Commercial Code (UCC) permits the secured party to take possession of the collateral on default (unless the agreement specifies otherwise):