South Carolina Notice of Private Sale of Collateral (Non-consumer Goods) on Default

State:
Multi-State
Control #:
US-0590BG
Format:
Word; 
Rich Text
Instant download

Description

This form is for notice of private sale of collateral on default.

How to fill out Notice Of Private Sale Of Collateral (Non-consumer Goods) On Default?

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FAQ

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.

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.

A PMSI is formed when a debtor uses borrowed money from the secured party to buy the collateral. A perfected PMSI will almost always have priority over other claims to collateral. What are the three different way that perfection can occur?

Generally, a secured creditor may seek to enforce its rights on its collateral upon a borrower's default. A secured creditor's remedies include an Article 9 sale, the right to sell the collateral to a third party in a private or public sale without judicial proceedings.

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.

(12) "Collateral" means the property subject to a security interest or agricultural lien. The term includes: (A) proceeds to which a security interest attaches; (B) accounts, chattel paper, payment intangibles, and promissory notes that have been sold; and. (C) goods that are the subject of a consignment.

Under §9-622, a proposal to accept collateral in full satisfaction of the debt that is consented to by the debtor discharges the obligation not just the consenting debtor's liability for that obligation.

Article Nine of the Uniform Commercial Code ("UCC") provides secured parties with a number of rights that are triggered upon default of the debtor, including the right to sell relevant collateral. Under the UCC, the standard to enforce this right is by conducting a sale in a "commercially reasonable" manner.

When the debtor sells collateral, he or she receives proceeds, something that is exchanged for collateral. The secured party automatically has an interest in the proceeds. If 2 parties provide a loan based on the same collateral, the party with the secured interest will have priority on the collateral.

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

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South Carolina Notice of Private Sale of Collateral (Non-consumer Goods) on Default