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WV Code § 46-9-607 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-607. Collection and Enforcement by Secured Party

(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) of this section 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) 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) of this section 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.
WV Code § 46-9-608 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-608. Application of Proceeds of Collection or Enforcement; Liability for Deficiency and Right to Surplus

(a) Application of proceeds, surplus and deficiency if obligation secured. 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 paragraph (1)(C) of this subsection.(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) No surplus or deficiency in sales of certain rights to payment. 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.
WV Code § 46-9-609 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-609. Secured Party's Right to Take Possession After Default

(a) Possession; rendering equipment unusable; disposition on debtor's premises. 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 a debtor's premises under section 9-610.(b) Judicial and nonjudicial process. A secured party may proceed under subsection (a) of this section:(1) Pursuant to judicial process; or(2) Without judicial process, if it proceeds without breach of the peace.(c) Assembly of collateral. 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 which is reasonably convenient to both parties.
WV Code § 46-9-610 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-610. Disposition of Collateral After Default

(a) Disposition after default. 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) Commercially reasonable disposition. 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) Purchase by secured party. 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) Warranties on disposition. A contract for sale, lease, license or other disposition includes the warranties relating to title, possession, quiet enjoyment, and the like which by operation of law accompany a voluntary disposition of property of the kind subject to the contract.(e) Disclaimer of warranties. A secured party may disclaim or modify warranties under subsection (d) of this section:(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) Record sufficient to disclaim warranties. A record is sufficient to disclaim warranties under subsection (e) of this section 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.
WV Code § 46-9-611 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-611. Notification Before Disposition of Collateral

(a) "Notification date." 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) Notification of disposition required. Except as otherwise provided in subsection (d) of this section, a secured party that disposes of collateral under section 9-610 shall send to the persons specified in subsection (c) of this section a reasonable authenticated notification of disposition.(c) Persons to be notified. 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, ten 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, ten 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) inapplicable: perishable collateral; recognized market. Subsection (b) of this section 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) Compliance with subsection (c)(3)(B). A secured party complies with the requirement for notification prescribed by subsection (c)(3)(B) of this section if:(1) Not later than twenty days or earlier than thirty 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) of this section; 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.
WV Code § 46-9-612 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-612. Timeliness of Notification Before Disposition of Collateral

(a) Reasonable time is question of fact. Except as otherwise provided in subsection (b) of this section, whether a notification is sent within a reasonable time is a question of fact.(b) Ten-day period sufficient in non-consumer transaction. In a transaction other than a consumer transaction, a notification of disposition sent after default and ten days or more before the earliest time of disposition set forth in the notification is sent within a reasonable time before the disposition.
WV Code § 46-9-613 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-613. 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 paragraph (1) of this section are nevertheless sufficient is a question of fact.(3) The contents of a notification providing substantially the information specified in paragraph (1) of this section are sufficient, even if the notification includes:(A) Information not specified by that paragraph; 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 provides sufficient information:NOTIFICATION OF DISPOSITION OF COLLATERALTo:From:Name of Debtor(s):For a public disposition:We will sell or [lease or license, as applicable] the 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 privately sometime after.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.[End of Form]
WV Code § 46-9-614 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-614. Contents and Form of Notification Before Disposition of Collateral: Consumer-Goods Transaction

In a consumer-goods transaction, the following rules apply:(1) A notification of disposition must provide the following information:(A) The information specified in section 9-613(1);(B) A description of any liability for a deficiency of the person to which the notification is sent;(C) A telephone number from which the amount that must be paid to the secured party to redeem the collateral under section 9-623 is available; and(D) A telephone number or mailing address from which additional information concerning the disposition and the obligation secured is available.(2) A particular phrasing of the notification is not required.(3) The following form of notification, when completed, provides sufficient information:NOTICE OF OUR PLAN TO SELL PROPERTYSubject: We have your, because you broke promises in our agreement.For a public disposition:We will sell at public sale. A sale could include a lease or license. The sale will be held as follows:Date:______________________________Time:______________________________Place:______________________________You may attend the sale and bring bidders if you want.For a private disposition:We will sell at private sale sometime after. A sale could include a lease or license.The money that we get from the sale (after paying our costs) will reduce the amount you owe. If we get less money than you owe, you still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else.You can get the property back at any time before we sell it by paying us the full amount you owe (not just the past due payments), including our expenses. To learn the exact amount you must pay, call us at.If you want us to explain to you in writing how we have figured the amount that you owe us, you may call us at or write us at and request a written explanation.If you need more information about the sale call us at or write us at.We are sending this notice to the following other people who have an interest in or who owe money under your agreement:[End of Form](4) A notification in the form of paragraph (3) of this section is sufficient, even if additional information appears at the end of the form.(5) A notification in the form of paragraph (3) of this section is sufficient, even if it includes errors in information not required by paragraph (1) of this section, unless the error is misleading with respect to rights arising under this article.(6) If a notification under this section is not in the form of paragraph (3) of this section, law other than this article determines the effect of including information not required by paragraph (1) of this section.
WV Code § 46-9-617 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-617. Rights of Transferee of Collateral

(a) Effects of disposition. 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) Rights of good-faith transferee. A transferee that acts in good faith takes free of the rights and interests described in subsection (a) of this section, even if the secured party fails to comply with this article or the requirements of any judicial proceeding.(c) Rights of other transferee. If a transferee does not take free of the rights and interests described in subsection (a) of this section, 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.
WV Code § 46-9-618 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-618. Rights and Duties of Certain Secondary Obligors

(a) Rights and duties of secondary obligor. A secondary obligor acquires the rights and becomes obligated to perform the duties of the secured party after the secondary obligor:(1) Receives an assignment of a secured obligation from the secured party;(2) Receives a transfer of collateral from the secured party and agrees to accept the rights and assume the duties of the secured party; or(3) Is subrogated to the rights of a secured party with respect to collateral.(b) Effect of assignment, transfer or subrogation. An assignment, transfer or subrogation described in subsection (a) of this section:(1) Is not a disposition of collateral under section 9-610; and(2) Relieves the secured party of further duties under this article.
WV Code § 46-9-619 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-619. Transfer of Record or Legal Title

(a) "Transfer statement." In this section, "transfer statement" means a record authenticated by a secured party stating:(1) That the debtor has defaulted in connection with an obligation secured by specified collateral;(2) That the secured party has exercised its post-default remedies with respect to the collateral;(3) That, by reason of the exercise, a transferee has acquired the rights of the debtor in the collateral; and(4) The name and mailing address of the secured party, debtor and transferee.(b) Effect of transfer statement. A transfer statement entitles the transferee to the transfer of record of all rights of the debtor in the collateral specified in the statement in any official filing, recording, registration or certificate-of-title system covering the collateral. If a transfer statement is presented with the applicable fee and request form to the official or office responsible for maintaining the system, the official or office shall:(1) Accept the transfer statement;(2) Promptly amend its records to reflect the transfer; and(3) If applicable, issue a new appropriate certificate of title in the name of the transferee.(c) Transfer not a disposition; no relief of secured party's duties. A transfer of the record or legal title to collateral to a secured party under subsection (b) of this section or otherwise is not of itself a disposition of collateral under this article and does not of itself relieve the secured party of its duties under this article.
WV Code § 46-9-621 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-621. Notification of Proposal to Accept Collateral

(a) Persons to which proposal to be sent. A secured party that desires to accept collateral in full or partial satisfaction of the obligation it secures shall send its proposal to:(1) Any person from which the secured party has received, before the debtor consented to the acceptance, an authenticated notification of a claim of an interest in the collateral;(2) Any other secured party or lienholder that, ten days before the debtor consented to the acceptance, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:(A) Identified the collateral;(B) Was indexed under the debtor's name as of that date; and(C) Was filed in the office or offices in which to file a financing statement against the debtor covering the collateral as of that date; and(3) Any other secured party that, ten days before the debtor consented to the acceptance, held a security interest in the collateral perfected by compliance with a statute, regulation or treaty described in section 9-311(a).(b) Proposal to be sent to secondary obligor in partial satisfaction. A secured party that desires to accept collateral in partial satisfaction of the obligation it secures shall send its proposal to any secondary obligor in addition to the persons described in subsection (a) of this section.
WV Code § 46-9-622 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-622. Effect of Acceptance of Collateral

(a) Effect of acceptance. 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) Discharge of subordinate interest notwithstanding noncompliance. A subordinate interest is discharged or terminated under subsection (a) of this section, even if the secured party fails to comply with this article.
WV Code § 46-9-623 (2021)
2021 West Virginia Code|Chapter 46. Uniform Commercial Code|Article 9. Secured Transactions; Sales of Accounts and Chattel Paper|§46-9-623. Right to Redeem Collateral

(a) Persons that may redeem. A debtor, any secondary obligor, or any other secured party or lienholder may redeem collateral.(b) Requirements for redemption. 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 section 9-615(a)(1).(c) When redemption may occur. A redemption may occur at any time before a secured party:(1) Has collected collateral under section 9-607;(2) Has disposed of collateral or entered into a contract for its disposition under section 9-610; or(3) Has accepted collateral in full or partial satisfaction of the obligation it secures under section 9-622.