Section 9--607. Collection and Enforcement by Secured Party  


Latest version.
  • (a) Collection  and  enforcement  generally.  If so agreed, and in any
      event after default, a secured party:
             (1) may notify an account debtor or  other  person  obligated  on
                 collateral to make payment or otherwise render performance to
                 or for the benefit of the secured party;
             (2) may  take any proceeds to which the secured party is entitled
                 under Section 9--315;
             (3) may enforce the obligations of an  account  debtor  or  other
                 person obligated on collateral and exercise the rights of the
                 debtor  with  respect to the obligation of the account debtor
                 or other person obligated on collateral to  make  payment  or
                 otherwise  render performance to the debtor, and with respect
                 to any property that secures the obligations of  the  account
                 debtor or other person obligated on the collateral;
             (4) if  it  holds  a  security  interest  in  a  deposit  account
                 perfected by control under Section 9--104 (a) (1), may  apply
                 the  balance of the deposit account to the obligation secured
                 by the deposit account; and
             (5) if  it  holds  a  security  interest  in  a  deposit  account
                 perfected by control under Section 9--104 (a) (2) or (3), may
                 instruct  the  bank to pay the balance of the deposit account
                 to or for the benefit of the secured party.
        (b) Nonjudicial enforcement of mortgage.  If  necessary  to  enable  a
      secured party to exercise under subsection (a) (3) the right of a debtor
      to enforce a mortgage nonjudicially, the secured party may record in the
      office in which a record of the mortgage is recorded:
             (1) a copy of the security agreement that creates or provides for
                 a   security  interest  in  the  obligation  secured  by  the
                 mortgage; and
             (2) the  secured  party's  sworn  affidavit  in  recordable  form
                 stating that:
                 (A) a default has occurred; and
                 (B) the  secured  party  is  entitled to enforce the mortgage
                     nonjudicially.
        (c) Commercially reasonable  collection  and  enforcement.  A  secured
      party  shall  proceed in a commercially reasonable manner if the secured
      party:
             (1) undertakes to collect from or enforce  an  obligation  of  an
                 account debtor or other person obligated on collateral; and
             (2) is   entitled   to  charge  back  uncollected  collateral  or
                 otherwise to full or limited recourse against the debtor or a
                 secondary obligor.
        (d) Expenses of collection and enforcement. A secured party may deduct
      from the collections made pursuant to subsection (c) reasonable expenses
      of collection and enforcement, including reasonable attorney's fees  and
      legal expenses incurred by the secured party.
        (e) Duties  to  secured  party  not  affected.  This  section does not
      determine whether an account debtor, bank, or other person obligated  on
      collateral owes a duty to a secured party.