reglab/housing_qa huggingface dataset:
TX Bus & Com Code § 9.601 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 9 - Secured Transactions|Subchapter F. Default|Section 9.601. Rights After Default; Judicial Enforcement; Consignor or Buyer of Accounts, Chattel Paper, Payment Intangibles, or Promissory Notes

Sec. 9.601.  RIGHTS AFTER DEFAULT;  JUDICIAL ENFORCEMENT;  CONSIGNOR OR BUYER OF ACCOUNTS, CHATTEL PAPER, PAYMENT INTANGIBLES, OR PROMISSORY NOTES.  (a)  After default, a secured party has the rights provided in this subchapter and, except as otherwise provided in Section 9.602, those provided by agreement of the parties.  A secured party:(1)  may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure;  and(2)  if the collateral is documents, may proceed either as to the documents or as to the goods they cover.(b)  A secured party in possession of collateral or control of collateral under Section 7.106, 9.104, 9.105, 9.106, or 9.107 has the rights and duties provided in Section 9.207.(c)  The rights under Subsections (a) and (b) are cumulative and may be exercised simultaneously.(d)  Except as otherwise provided in Subsection (g) and Section 9.605, after default, a debtor and an obligor have the rights provided in this subchapter and by agreement of the parties.(e)  If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of:(1)  the date of the perfection of the security interest or agricultural lien in the collateral;(2)  the date of filing a financing statement covering the collateral;  or(3)  any date specified in a statute under which the agricultural lien was created.(f)  A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this section.  A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this chapter.(g)  Except as otherwise provided in Section 9.607(c), this subchapter imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.|Added by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001.Amended by: Acts 2005, 79th Leg., Ch. 122 (S.B. 1593), Sec. 30, eff. September 1, 2005.|
TX Bus & Com Code § 9.602 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 9 - Secured Transactions|Subchapter F. Default|Section 9.602. Waiver and Variance of Rights and Duties

Sec. 9.602.  WAIVER AND VARIANCE OF RIGHTS AND DUTIES.  Except as otherwise provided in Section 9.624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:(1)  Section 9.207(b)(4)(C), which deals with use and operation of the collateral by the secured party;(2)  Section 9.210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;(3)  Section 9.607(c), which deals with collection and enforcement of collateral;(4)  Sections 9.608(a) and 9.615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;(5)  Sections 9.608(a) and 9.615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral;(6)  Section 9.609 to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace;(7)  Sections 9.610(b), 9.611, 9.613, and 9.614, which deal with disposition of collateral;(8)  Section 9.615(f), which deals with calculation of a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party, or a secondary obligor;(9)  Section 9.616, which deals with explanation of the calculation of a surplus or deficiency;(10)  Sections 9.620, 9.621, and 9.622, which deal with acceptance of collateral in satisfaction of obligation;(11)  Section 9.623, which deals with redemption of collateral;(12)  Section 9.624, which deals with permissible waivers;  and(13)  Sections 9.625 and 9.626, which deal with the secured party's liability for failure to comply with this chapter.|Added by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001.|
TX Bus & Com Code § 9.603 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 9 - Secured Transactions|Subchapter F. Default|Section 9.603. Agreement on Standards Concerning Rights and Duties

Sec. 9.603.  AGREEMENT ON STANDARDS CONCERNING RIGHTS AND DUTIES.  (a)  The parties may determine by agreement the standards measuring the fulfillment of the rights of a debtor or obligor and the duties of a secured party under a rule stated in Section 9.602 if the standards are not manifestly unreasonable.(b)  Subsection (a) does not apply to the duty under Section 9.609 to refrain from breaching the peace.|Added by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001.|
TX Bus & Com Code § 9.604 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 9 - Secured Transactions|Subchapter F. Default|Section 9.604. Procedure if Security Agreement Covers Real Property or Fixtures

Sec. 9.604.  PROCEDURE IF SECURITY AGREEMENT COVERS REAL PROPERTY OR FIXTURES.  (a)  If a security agreement covers both personal and real property, a secured party may proceed:(1)  under this subchapter as to the personal property without prejudicing any rights with respect to the real property;  or(2)  as to both the personal property and the real property in accordance with the rights with respect to the real property, in which case the other provisions of this subchapter do not apply.(b)  Subject to Subsection (c), if a security agreement covers goods that are or become fixtures, a secured party may proceed:(1)  under this subchapter;  or(2)  in accordance with the rights with respect to real property, in which case the other provisions of this subchapter do not apply.(c)  Subject to the other provisions of this subchapter, if a secured party holding a security interest in fixtures has priority over all owners and encumbrancers of the real property, the secured party, after default, may remove the collateral from the real property.(d)  A secured party that removes collateral shall promptly reimburse any encumbrancer or owner of the real property, other than the debtor, for the cost of repair of any physical injury caused by the removal.  The secured party need not reimburse the encumbrancer or owner for any diminution in value of the real property caused by the absence of the goods removed or by any necessity of replacing them.  A person entitled to reimbursement may refuse permission to remove until the secured party gives adequate assurance for the performance of the obligation to reimburse.|Added by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001.|
TX Bus & Com Code § 9.605 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 9 - Secured Transactions|Subchapter F. Default|Section 9.605. Unknown Debtor or Secondary Obligor

Sec. 9.605.  UNKNOWN DEBTOR OR SECONDARY OBLIGOR.  A secured party does not owe a duty based on its status as secured party:(1)  to a person that is a debtor or obligor, unless the secured party knows:(A)  that the person is a debtor or obligor;(B)  the identity of the person;  and(C)  how to communicate with the person;  or(2)  to a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:(A)  that the person is a debtor;  and(B)  the identity of the person.|Added by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001.|
TX Bus & Com Code § 9.606 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 9 - Secured Transactions|Subchapter F. Default|Section 9.606. Time of Default for Agricultural Lien

Sec. 9.606.  TIME OF DEFAULT FOR AGRICULTURAL LIEN.  For purposes of this subchapter, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under which it was created.|Added by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001.|
TX Bus & Com Code § 9.607 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 9 - Secured Transactions|Subchapter F. Default|Section 9.607. Collection and Enforcement by Secured Party

Sec. 9.607.  COLLECTION AND ENFORCEMENT BY SECURED PARTY.  (a)  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)  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 with respect to the obligation secured by the mortgage; and(B)  the secured party is entitled to enforce the mortgage nonjudicially.(c)  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)  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)  This section does not determine whether an account debtor, bank, or other person obligated on collateral owes a duty to a secured party.|Added by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001.Amended by: Acts 2011, 82nd Leg., R.S., Ch. 67 (S.B. 782), Sec. 17, eff. July 1, 2013.|
TX Bus & Com Code § 9.608 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 9 - Secured Transactions|Subchapter F. Default|Section 9.608. Application of Proceeds of Collection or Enforcement; Liability for Deficiency and Right to Surplus

Sec. 9.608.  APPLICATION OF PROCEEDS OF COLLECTION OR ENFORCEMENT;  LIABILITY FOR DEFICIENCY AND RIGHT TO SURPLUS.  (a)  If a security interest or agricultural lien secures payment or performance of an obligation, the following rules apply:(1)  A secured party shall apply or pay over for application the cash proceeds of collection or enforcement under Section 9.607 in the following order to:(A)  the reasonable expenses of collection and enforcement and, to the extent provided for by agreement and not prohibited by law, reasonable attorney's fees and legal expenses incurred by the secured party;(B)  the satisfaction of obligations secured by the security interest or agricultural lien under which the collection or enforcement is made;  and(C)  the satisfaction of obligations secured by any subordinate security interest in or other lien on the collateral subject to the security interest or agricultural lien under which the collection or enforcement is made if the secured party receives an authenticated demand for proceeds before distribution of the proceeds is completed.(2)  If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time.  Unless the holder complies, the secured party need not comply with the holder's demand under Subdivision (1)(C).(3)  A secured party need not apply or pay over for application noncash proceeds of collection and enforcement under Section 9.607 unless the failure to do so would be commercially unreasonable.  A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner.(4)  A secured party shall account to and pay a debtor for any surplus, and the obligor is liable for any deficiency.(b)  If the underlying transaction is a sale of accounts, chattel paper, payment intangibles, or promissory notes, the debtor is not entitled to any surplus, and the obligor is not liable for any deficiency.|Added by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001.  Amended by Acts 2001, 77th Leg., ch. 705, Sec. 19, eff. June 13, 2001.|
TX Bus & Com Code § 9.609 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 9 - Secured Transactions|Subchapter F. Default|Section 9.609. Secured Party's Right to Take Possession After Default

Sec. 9.609.  SECURED PARTY'S RIGHT TO TAKE POSSESSION AFTER DEFAULT.  (a)  After default, a secured party:(1)  may take possession of the collateral;  and(2)  without removal, may render equipment unusable and dispose of collateral on the debtor's premises under Section 9.610.(b)  A secured party may proceed under Subsection (a):(1)  pursuant to judicial process;  or(2)  without judicial process, if it proceeds without breach of the peace.(c)  If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party that is reasonably convenient to both parties.|Added by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001.|
TX Bus & Com Code § 9.610 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 9 - Secured Transactions|Subchapter F. Default|Section 9.610. Disposition of Collateral After Default

Sec. 9.610.  DISPOSITION OF COLLATERAL AFTER DEFAULT.  (a)  After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing.(b)  Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable.  If commercially reasonable, a secured party may dispose of collateral by public or private proceedings, by one or more contracts, as a unit or in parcels, and at any time and place and on any terms.(c)  A secured party may purchase collateral:(1)  at a public disposition;  or(2)  at a private disposition only if the collateral is of a kind that is customarily sold on a recognized market or the subject of widely distributed standard price quotations.(d)  A contract for sale, lease, license, or other disposition includes the warranties relating to title, possession, quiet enjoyment, and the like that by operation of law accompany a voluntary disposition of property of the kind subject to the contract.(e)  A secured party may disclaim or modify warranties under Subsection (d):(1)  in a manner that would be effective to disclaim or modify the warranties in a voluntary disposition of property of the kind subject to the contract of disposition;  or(2)  by communicating to the purchaser a record evidencing the contract for disposition and including an express disclaimer or modification of the warranties.(f)  A record is sufficient to disclaim warranties under Subsection (e) if it indicates "There is no warranty relating to title, possession, quiet enjoyment, or the like in this disposition" or uses words of similar import.|Added by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001.|
TX Bus & Com Code § 9.611 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 9 - Secured Transactions|Subchapter F. Default|Section 9.611. Notification Before Disposition of Collateral

Sec. 9.611.  NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.  (a)  In this section, "notification date" means the earlier of the date on which:(1)  a secured party sends to the debtor and any secondary obligor an authenticated notification of disposition;  or(2)  the debtor and any secondary obligor waive the right to notification.(b)  Except as otherwise provided in Subsection (d), a secured party that disposes of collateral under Section 9.610 shall send to the persons specified in Subsection (c) a reasonable authenticated notification of disposition.(c)  To comply with Subsection (b), the secured party shall send an authenticated notification of disposition to:(1)  the debtor;(2)  any secondary obligor;  and(3)  if the collateral is other than consumer goods:(A)  any other person from which the secured party has received, before the notification date, an authenticated notification of a claim of an interest in the collateral;(B)  any other secured party or lienholder that, 10 days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:(i)  identified the collateral;(ii)  was indexed under the debtor's name as of that date;  and(iii)  was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date;  and(C)  any other secured party that, 10 days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in Section 9.311(a).(d)  Subsection (b) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market.(e)  A secured party complies with the requirement for notification prescribed by Subsection (c)(3)(B) if:(1)  not later than 20 days or earlier than 30 days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtor's name in the office indicated in Subsection (c)(3)(B);  and(2)  before the notification date, the secured party:(A)  did not receive a response to the request for information;  or(B)  received a response to the request for information and sent an authenticated notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral.|Added by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001.|
TX Bus & Com Code § 9.612 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 9 - Secured Transactions|Subchapter F. Default|Section 9.612. Timeliness of Notification Before Disposition of Collateral

Sec. 9.612.  TIMELINESS OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.  (a)  Except as otherwise provided in Subsection (b), whether a notification is sent within a reasonable time is a question of fact.(b)  In a transaction other than a consumer transaction, a notification of disposition sent after default and 10 days or more before the earliest time of disposition set forth in the notification is sent within a reasonable time before the disposition.|Added by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001.|
TX Bus & Com Code § 9.613 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 9 - Secured Transactions|Subchapter F. Default|Section 9.613. Contents and Form of Notification Before Disposition of Collateral: General

Sec. 9.613.  CONTENTS AND FORM OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL:  GENERAL.  Except in a consumer-goods transaction, the following rules apply:(1)  The contents of a notification of disposition are sufficient if the notification:(A)  describes the debtor and the secured party;(B)  describes the collateral that is the subject of the intended disposition;(C)  states the method of intended disposition;(D)  states that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting;  and(E)  states the time and place of a public disposition or the time after which any other disposition is to be made.(2)  Whether the contents of a notification that lacks any of the information specified in Subdivision (1) are nevertheless sufficient is a question of fact.(3)  The contents of a notification providing substantially the information specified in Subdivision (1) are sufficient, even if the notification includes:(A)  information not specified by that subdivision;  or(B)  minor errors that are not seriously misleading.(4)  A particular phrasing of the notification is not required.(5)  The following form of notification and the form appearing in Section 9.614(3), when completed, each provide sufficient information:NOTIFICATION OF DISPOSITION OF COLLATERALTo: __________________[Name of debtor, obligor, or other person to which the notification is sent]From: ________[Name, address, and telephone number of secured party]Name of Debtor(s): ________________ [Include only if debtor(s) are not an addressee][For a public disposition:]We will sell [or lease or license, as applicable] the [describe collateral] [to the highest qualified bidder] in public as follows:Day and Date: ______ Time: _____ Place: _______[For a private disposition:]We will sell [or lease or license, as applicable] the _________ [describe collateral] privately sometime after _____ [day and date].You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell [or lease or license, as applicable] [for a charge of $____].  You may request an accounting by calling us at ______ [telephone number].|Added by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001.  Amended by Acts 2001, 77th Leg., ch. 705, Sec. 20, eff. June 13, 2001.|
TX Bus & Com Code § 9.617 (2021)
2021 Texas Statutes|Business and Commerce Code|Title 1 - Uniform Commercial Code|Chapter 9 - Secured Transactions|Subchapter F. Default|Section 9.617. Rights of Transferee of Collateral

Sec. 9.617.  RIGHTS OF TRANSFEREE OF COLLATERAL.  (a)  A secured party's disposition of collateral after default:(1)  transfers to a transferee for value all of the debtor's rights in the collateral;(2)  discharges the security interest under which the disposition is made;  and(3)  discharges any subordinate security interest or other subordinate lien.(b)  A transferee that acts in good faith takes free of the rights and interests described in Subsection (a), even if the secured party fails to comply with this chapter or the requirements of any judicial proceeding.(c)  If a transferee does not take free of the rights and interests described in Subsection (a), the transferee takes the collateral subject to:(1)  the debtor's rights in the collateral;(2)  the security interest or agricultural lien under which the disposition is made;  and(3)  any other security interest or other lien.|Added by Acts 1999, 76th Leg., ch. 414, Sec. 1.01, eff. July 1, 2001.|