Corpus

Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral.

Miss. Code Ann. § 75-9-620
in effect
Sign in to generate a plain English summaryAsk Belisarius Agent
Except as otherwise provided in subsection (g), a secured party may accept collateral in full or partial satisfaction of the obligation it secures only if: The debtor consents to the acceptance under subsection (c); The secured party does not receive, within the time set forth in subsection (d), a notification of objection to the proposal authenticated by: If the collateral is consumer goods, the collateral is not in the possession of the debtor when the debtor consents to the acceptance; and Subsection (e) does not require the secured party to dispose of the collateral or the debtor waives the requirement pursuant to Section 75-9-624. A person to which the secured party was required to send a proposal under Section 75-9-621; or 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; A purported or apparent acceptance of collateral under this section is ineffective unless: The secured party consents to the acceptance in an authenticated record or sends a proposal to the debtor; and The conditions of subsection (a) are met. For purposes of this section: 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 authenticated after default; and 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 authenticated after default or the secured party: 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; In the proposal, proposes to accept collateral in full satisfaction of the obligation it secures; and Does not receive a notification of objection authenticated by the debtor within twenty (20) days after the proposal is sent. To be effective under subsection (a)(2), a notification of objection must be received by the secured party: In the case of a person to which the proposal was sent pursuant to Section 75-9-621, within twenty (20) days after notification was sent to that person; and In other cases: Within twenty (20) days after the last notification was sent pursuant to Section 75-9-621; or If a notification was not sent, before the debtor consents to the acceptance under subsection (c). A secured party that has taken possession of collateral shall dispose of the collateral pursuant to Section 75-9-610 within the time specified in subsection (f) if: Sixty percent (60%) of the cash price has been paid in the case of a purchase-money security interest in consumer goods; or Sixty percent (60%) of the principal amount of the obligation secured has been paid in the case of a nonpurchase-money security interest in consumer goods. To comply with subsection (e), the secured party shall dispose of the collateral: Within ninety (90) days after taking possession; or Within any longer period to which the debtor and all secondary obligors have agreed in an agreement to that effect entered into and authenticated after default. In a consumer transaction, a secured party may not accept collateral in partial satisfaction of the obligation it secures.