reglab/housing_qa huggingface dataset:
DC Code § 28:9-511 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 9 - Secured Transactions|Part V - Filing|Subpart 1 - Filing Office; Contents and Effectiveness of Financing Statement|§ 28:9-511. Secured party of record

(a) A secured party of record with respect to a financing statement is a person whose name is provided as the name of the secured party or a representative of the secured party in an initial financing statement that has been filed. If an initial financing statement is filed under § 28:9-514(a), the assignee named in the initial financing statement is the secured party of record with respect to the financing statement. (b) If an amendment of a financing statement which provides the name of a person as a secured party or a representative of a secured party is filed, the person named in the amendment is a secured party of record. If an amendment is filed under § 28:9-514(b), the assignee named in the amendment is a secured party of record. (c) A person remains a secured party of record until the filing of an amendment of the financing statement which deletes the person.  (Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)  Uniform Commercial Code Comment 1. Source. New. 2. Secured Party of Record. This new section explains how the secured party of record is to be determined. If SP-1 is named as the secured party in an initial financing statement, it is the secured party of record. Similarly, if an initial financing statement reflects a total assignment from SP-0 to SP-1, then SP-1 is the secured party of record. See subsection (a). If, subsequently, an amendment is filed assigning SP-1’s status to SP-2, then SP-2 becomes the secured party of record in place of SP-1. The same result obtains if a subsequent amendment deletes the reference to SP-1 and substitutes therefor a reference to SP-2. If, however, a subsequent amendment adds SP-2 as a secured party but does not purport to remove SP-1 as a secured party, then SP-2 and SP-1 each is a secured party of record. See subsection (b). An amendment purporting to remove the only secured party of record without providing a successor is ineffective. See Section 9-512(e). At any point in time, all effective records that comprise a financing statement must be examined to determine the person or persons that have the status of secured party of record. 3. Successor to Secured Party of Record. Application of other law may result in a person succeeding to the powers of a secured party of record. For example, if the secured party of record (A) merges into another corporation (B) and the other corporation (B) survives, other law may provide that B has all of A’s powers. In that case, B is authorized to take all actions under this Part that A would have been authorized to take. Similarly, acts taken by a person who is authorized under generally applicable principles of agency to act on behalf of the secured party of record are effective under this Part.
DC Code § 28:9-517 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 9 - Secured Transactions|Part V - Filing|Subpart 1 - Filing Office; Contents and Effectiveness of Financing Statement|§ 28:9-517. Effect of indexing errors

The failure of the filing office to index a record correctly does not affect the effectiveness of the filed record.  (Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)  Uniform Commercial Code Comment 1. Source. New. 2. Effectiveness of Mis-Indexed Records. This section provides that the filing office’s error in mis-indexing a record does not render ineffective an otherwise effective record. As did former Section 9-401, this section imposes the risk of filing-office error on those who search the files rather than on those who file.
DC Code § 28:9-522 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 9 - Secured Transactions|Part V - Filing|Subpart 2 - Duties and Operation of Filing Office|§ 28:9-522. Maintenance and destruction of records

(a) The filing office shall maintain a record of the information provided in a filed financing statement for at least one year after the effectiveness of the financing statement has lapsed under § 28:9-515 with respect to all secured parties of record. The record must be retrievable by using the name of the debtor and by using the file number assigned to the initial financing statement to which the record relates. (b) Except to the extent that a statute governing disposition of public records provides otherwise, the filing office immediately may destroy any written record evidencing a financing statement. However, if the filing office destroys a written record, it shall maintain another record of the financing statement which complies with subsection (a).  (Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)  Section References This section is referenced in § 28:9-513 and § 28:9-523. Uniform Commercial Code Comment 1. Source. Former Section 9-403(3), revised substantially. 2. Maintenance of Records. Section 9-523 requires the filing office to provide information concerning certain lapsed financing statements. Accordingly, subsection (a) requires the filing office to maintain a record of the information in a financing statement for at least one year after lapse. During that time, the filing office may not delete any information with respect to a filed financing statement; it may only add information. This approach relieves the filing office from any duty to determine whether to substitute or delete information upon receipt of an amendment. It also assures searchers that they will receive all information with respect to financing statements filed against a debtor and thereby be able themselves to determine the state of the public record. The filing office may maintain this information in any medium. Subsection (b) permits the filing office immediately to destroy written records evidencing a financing statement, provided that the filing office maintains another record of the information contained in the financing statement as required by subsection (a).
DC Code § 28:9-524 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 9 - Secured Transactions|Part V - Filing|Subpart 2 - Duties and Operation of Filing Office|§ 28:9-524. Delay by filing office

Delay by the filing office beyond a time limit prescribed by this part is excused if: (1) The delay is caused by interruption of communication or computer facilities, war, emergency conditions, failure of equipment, or other circumstances beyond control of the filing office; and (2) The filing office exercises reasonable diligence under the circumstances.  (Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)  Uniform Commercial Code Comment Source. New; derived from Section 4-109.
DC Code § 28:9-525 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 9 - Secured Transactions|Part V - Filing|Subpart 2 - Duties and Operation of Filing Office|§ 28:9-525. Fees

(a) The Mayor shall promulgate rules, in accordance with subchapter I of Chapter 5 of Title 2, setting fees for filing and indexing initial financing statements and for other services rendered under this part. (b) The rules promulgated under subsection (a) shall set a basic fee for filing and indexing an initial filing statement in cases in which the record is communicated electronically or by another nonwritten medium authorized by filing-office rule. If the record is communicated in writing and consists of one or 2 pages, the fee shall be 2 times the basic fee. If the record is in writing and consists of more than 2 pages, the fee shall be 4 times the basic fee. (c) The number of names required to be indexed does not affect the amount of the fee in subsection (b). (d) This section does not require a fee with respect to a record of a mortgage which is effective as a financing statement filed as a fixture filing or as a financing statement covering as-extracted collateral or timber to be cut under § 28:9-502(c). However, the recording and satisfaction fees that otherwise would be applicable to the record of the mortgage apply.  (Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)  Uniform Commercial Code Comment 1. Source. Various sections of former Part 4. 2. Fees. This section contains all fee requirements for filing, indexing, and responding to requests for information. Uniformity in the fee structure (but not necessarily in the amount of fees) makes this Article easier for secured parties to use and reduces the likelihood that a filed record will be rejected for failure to pay at least the correct amount of the fee. See Section 9-516(b)(2). The costs of processing electronic records are less than those with respect to written records. Accordingly, this section mandates a lower fee as an incentive to file electronically and imposes the additional charge (if any) for multiple debtors only with respect to written records. When written records are used, this Article encourages the use of the uniform forms in Section 9-521. The fee for filing these forms should be no greater than the fee for other written records. To make the relevant information included in a filed record more accessible once the record is found, this section mandates a higher fee for longer written records than for shorter ones. Finally, recognizing that financing statements naming more than one debtor are most often filed against a husband and wife, any additional charge for multiple debtors applies to records filed with respect to more than two debtors, rather than with respect to more than one.
DC Code § 28:9-527 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 9 - Secured Transactions|Part V - Filing|Subpart 2 - Duties and Operation of Filing Office|§ 28:9-527. Duty to report

The Mayor shall report annually on or before April 1 to the Council on the operation of the filing office. The report must contain a statement of the extent to which: (1) The filing-office rules are not in harmony with the rules of filing offices in other jurisdictions that enact substantially this part and the reasons for these variations; and (2) The filing-office rules are not in harmony with the most recent version of the Model Rules promulgated by the International Association of Corporate Administrators, or any successor organization, and the reasons for these variations.  (Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)  Uniform Commercial Code Comment 1. Source. New; derived in part from the Uniform Consumer Credit Code (1974). 2. Duty to Report. This section is designed to promote compliance with the standards of performance imposed upon the filing office and with the requirement that the filing office’s policies, practices, and technology be consistent and compatible with the policies, practices, and technology of other filing offices.
DC Code § 28:9-603 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 9 - Secured Transactions|Part VI - Default|Subpart 1 - Default and Enforcement of Security Interest|§ 28:9-603. 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 § 28:9-602 if the standards are not manifestly unreasonable. (b) Subsection (a) does not apply to the duty under § 28:9-609 to refrain from breaching the peace.  (Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)  Uniform Commercial Code Comment 1. Source. Former Section 9-501(3). 2. Limitation on Ability to Set Standards. Subsection (a), like former Section 9-501(3), permits the parties to set standards for compliance with the rights and duties under this Part if the standards are not “manifestly unreasonable.” Under subsection (b), the parties are not permitted to set standards measuring fulfillment of the secured party’s duty to take collateral without breaching the peace.
DC Code § 28:9-605 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 9 - Secured Transactions|Part VI - Default|Subpart 1 - Default and Enforcement of Security Interest|§ 28:9-605. 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.  (Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)  Section References This section is referenced in § 28:9-601. Uniform Commercial Code Comment 1. Source. New. 2. Duties to Unknown Persons. This section relieves a secured party from duties owed to a debtor or obligor, if the secured party does not know about the debtor or obligor. Similarly, it relieves a secured party from duties owed to a secured party or lienholder who has filed a financing statement against the debtor, if the secured party does not know about the debtor. For example, a secured party may be unaware that the original debtor has sold the collateral subject to the security interest and that the new owner has become the debtor. If so, the secured party owes no duty to the new owner (debtor) or to a secured party who has filed a financing statement against the new owner. This section should be read in conjunction with the exculpatory provisions in Section 9-628. Note that it relieves a secured party not only from duties arising under this Article but also from duties arising under other law by virtue of the secured party’s status as such under this Article, unless the other law otherwise provides.
DC Code § 28:9-606 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 9 - Secured Transactions|Part VI - Default|Subpart 1 - Default and Enforcement of Security Interest|§ 28:9-606. Time of default for agricultural lien

For purposes of this part, 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.  (Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)  Uniform Commercial Code Comment 1. Source. New. 2. Time of Default. Remedies under this Part become available upon the debtor’s “default.” See Section 9-601. This section explains when “default” occurs in the agricultural-lien context. It requires one to consult the enabling statute to determine when the lienholder is entitled to enforce the lien.
DC Code § 28:9-612 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 9 - Secured Transactions|Part VI - Default|Subpart 1 - Default and Enforcement of Security Interest|§ 28:9-612. 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.  (Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)  Uniform Commercial Code Comment 1. Source. New. 2. Reasonable Notification. Section 9-611(b) requires the secured party to send a “reasonable authenticated notification.” Under that section, as under former Section 9-504(3), one aspect of a reasonable notification is its timeliness. This generally means that the notification must be sent at a reasonable time in advance of the date of a public disposition or the date after which a private disposition is to be made. A notification that is sent so near to the disposition date that a notified person could not be expected to act on or take account of the notification would be unreasonable. 3. Timeliness of Notification: Safe Harbor. The 10-day notice period in subsection (b) is intended to be a “safe harbor” and not a minimum requirement. To qualify for the “safe harbor” the notification must be sent after default. A notification also must be sent in a commercially reasonable manner. See Section 9-611(b) (“reasonable authenticated notification”). These requirements prevent a secured party from taking advantage of the “safe harbor” by, for example, giving the debtor a notification at the time of the original extension of credit or sending the notice by surface mail to a debtor overseas.
DC Code § 28:9-622 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 9 - Secured Transactions|Part VI - Default|Subpart 1 - Default and Enforcement of Security Interest|§ 28:9-622. Effect of acceptance of collateral

(a) A secured party’s acceptance of collateral in full or partial satisfaction of the obligation it secures: (1) Discharges the obligation to the extent consented to by the debtor; (2) Transfers to the secured party all of a debtor’s rights in the collateral; (3) Discharges the security interest or agricultural lien that is the subject of the debtor’s consent and any subordinate security interest or other subordinate lien; and (4) Terminates any other subordinate interest. (b) A subordinate interest is discharged or terminated under subsection (a), even if the secured party fails to comply with this article.  (Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)  Section References This section is referenced in § 28:9-102, § 28:9-602, and § 28:9-623. Uniform Commercial Code Comment 1. Source. New. 2. Effect of Acceptance. Subsection (a) specifies the effect of an acceptance of collateral in full or partial satisfaction of the secured obligation. The acceptance to which it refers is an effective acceptance. If a purported acceptance is ineffective under Section 9-620, e.g., because the secured party receives a timely objection from a person entitled to notification, then neither this subsection nor subsection (b) applies. Paragraph (1) expresses the fundamental consequence of accepting collateral in full or partial satisfaction of the secured obligation-the obligation is discharged to the extent consented to by the debtor. Unless otherwise agreed, the obligor remains liable for any deficiency. Paragraphs (2) through (4) indicate the effects of an acceptance on various property rights and interests. Paragraph (2) follows Section 9-617(a) in providing that the secured party acquires “all of a debtor’s rights in the collateral.” Under paragraph (3), the effect of strict foreclosure on holders of junior security interests and other liens is the same regardless of whether the collateral is accepted in full or partial satisfaction of the secured obligation: all junior encumbrances are discharged. Paragraph (4) provides for the termination of other subordinate interests. Subsection (b) makes clear that subordinate interests are discharged under subsection (a) regardless of whether the secured party complies with this Article. Thus, subordinate interests are discharged regardless of whether a proposal was required to be sent or, if required, was sent. However, a secured party’s failure to send a proposal or otherwise to comply with this Article may subject the secured party to liability under Section 9-625.
DC Code § 28:9-623 (2021)
2021 District of Columbia Code|Title 28 - Commercial Instruments and Transactions. [Enacted title]|Subtitle I - Uniform Commercial Code|Article 9 - Secured Transactions|Part VI - Default|Subpart 1 - Default and Enforcement of Security Interest|§ 28:9-623. Right to redeem collateral

(a) A debtor, any secondary obligor, or any other secured party or lienholder may redeem collateral. (b) To redeem collateral, a person shall tender: (1) Fulfillment of all obligations secured by the collateral; and (2) The reasonable expenses and attorney’s fees described in § 28:9-615(a)(1). (c) A redemption may occur at any time before a secured party: (1) Has collected collateral under § 28:9-607; (2) Has disposed of collateral or entered into a contract for its disposition under § 28:9-610; or (3) Has accepted collateral in full or partial satisfaction of the obligation it secures under § 28:9-622.  (Oct. 26, 2000, D.C. Law 13-201, § 101, 47 DCR 7576.)  Section References This section is referenced in § 28:9-602, § 28:9-614, and § 28:9-624. Uniform Commercial Code Comment 1. Source. Former Section 9-506. 2. Redemption Right. Under this section, as under former Section 9-506, the debtor or another secured party may redeem collateral as long as the secured party has not collected ( Section 9-607), disposed of or contracted for the disposition of ( Section 9-610), or accepted ( Section 9-620) the collateral. Although this section generally follows former Section 9-506, it extends the right of redemption to holders of nonconsensual liens. To redeem the collateral a person must tender fulfillment of all obligations secured, plus certain expenses. If the entire balance of a secured obligation has been accelerated, it would be necessary to tender the entire balance. A tender of fulfillment obviously means more than a new promise to perform an existing promise. It requires payment in full of all monetary obligations then due and performance in full of all other obligations then matured. If unmatured secured obligations remain, the security interest continues to secure them (i.e., as if there had been no default). 3. Redemption of Remaining Collateral Following Partial Enforcement. Under Section 9-610 a secured party may make successive dispositions of portions of its collateral. These dispositions would not affect the debtor’s, another secured party’s, or a lienholder’s right to redeem the remaining collateral. 4. Effect of “Repledging.” Section 9-207 generally permits a secured party having possession or control of collateral to create a security interest in the collateral. As explained in the Comments to that section, the debtor’s right (as opposed to its practical ability) to redeem collateral is not affected by, and does not affect, the priority of a security interest created by the debtor’s secured party.