reglab/housing_qa huggingface dataset:
HI Rev Stat § 490:9-613 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-613 Contents and form of notification before disposition of collateral: general.

  §490:9-613 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) are nevertheless sufficient is a question of fact.  (3) The contents of a notification providing substantially the information specified in paragraph (1) 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 490:9-614(3), when completed, each provides sufficient information: NOTIFICATION OF DISPOSITION OF COLLATERAL  To: [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] . [L 2000, c 241, pt of §1; am L 2001, c 228, §9]
HI Rev Stat § 490:9-617 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-617 Rights of transferee of collateral.

  §490:9-617 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 article 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. [L 2000, c 241, pt of §1]
HI Rev Stat § 490:9-618 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-618 Rights and duties of certain secondary obligors.

  §490:9-618 Rights and duties of certain secondary obligors. (a) 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) An assignment, transfer, or subrogation described in subsection (a):  (1) Is not a disposition of collateral under section 490:9-610; and  (2) Relieves the secured party of further duties under this article. [L 2000, c 241, pt of §1]
HI Rev Stat § 490:9-619 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-619 Transfer of record or legal title.

  §490:9-619 Transfer of record or legal title. (a) 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) 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) A transfer of the record or legal title to collateral to a secured party under subsection (b) 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. [L 2000, c 241, pt of §1]
HI Rev Stat § 490:9-621 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-621 Notification of proposal to accept collateral.

  §490:9-621 Notification of proposal to accept collateral. (a) 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 490:9-311(a).  (b) 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). [L 2000, c 241, pt of §1]
HI Rev Stat § 490:9-622 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-622 Effect of acceptance of collateral.

  §490:9-622 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. [L 2000, c 241, pt of §1]
HI Rev Stat § 490:9-623 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-623 Right to redeem collateral.

  §490:9-623 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 section 490:9-615(a)(1).  (c) A redemption may occur at any time before a secured party:  (1) Has collected collateral under section 490:9-607;  (2) Has disposed of collateral or entered into a contract for its disposition under section 490:9-610; or  (3) Has accepted collateral in full or partial satisfaction of the obligation it secures under section 490:9-622. [L 2000, c 241, pt of §1]
HI Rev Stat § 490:9-624 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-624 Waiver.

  §490:9-624 Waiver. (a) A debtor or secondary obligor may waive the right to notification of disposition of collateral under section 490:9-611 only by an agreement to that effect entered into and authenticated after default.  (b) A debtor may waive the right to require disposition of collateral under section 490:9-620(e) only by an agreement to that effect entered into and authenticated after default.  (c) Except in a consumer-goods transaction, a debtor or secondary obligor may waive the right to redeem collateral under section 490:9-623 only by an agreement to that effect entered into and authenticated after default. [L 2000, c 241, pt of §1]
HI Rev Stat § 490:9-626 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-626 Action in which deficiency or surplus is in issue.

  §490:9-626 Action in which deficiency or surplus is in issue. (a) In an action arising from a transaction, other than a consumer transaction, in which the amount of a deficiency or surplus is in issue, the following rules apply:  (1) A secured party need not prove compliance with the provisions of this part relating to collection, enforcement, disposition, or acceptance unless the debtor or a secondary obligor places the secured party's compliance in issue.  (2) If the secured party's compliance is placed in issue, the secured party has the burden of establishing that the collection, enforcement, disposition, or acceptance was conducted in accordance with this part.  (3) Except as otherwise provided in section 490:9-628, if a secured party fails to prove that the collection, enforcement, disposition, or acceptance was conducted in accordance with the provisions of this part relating to collection, enforcement, disposition, or acceptance, the liability of a debtor or a secondary obligor for a deficiency is limited to an amount by which the sum of the secured obligation, expenses, and attorney's fees exceeds the greater of:  (A) The proceeds of the collection, enforcement, disposition, or acceptance; or  (B) The amount of proceeds that would have been realized had the noncomplying secured party proceeded in accordance with the provisions of this part relating to collection, enforcement, disposition, or acceptance.  (4) For purposes of paragraph (3)(B), the amount of proceeds that would have been realized is equal to the sum of the secured obligation, expenses, and attorney's fees unless the secured party proves that the amount is less than that sum.  (5) If a deficiency or surplus is calculated under section 490:9-615(f), the debtor or obligor has the burden of establishing that the amount of proceeds of the disposition is significantly below the range of prices that a complying disposition to a person other than the secured party, a person related to the secured party, or a secondary obligor would have brought.  (b) The limitation of the rules in subsection (a) to transactions other than consumer transactions is intended to leave to the court the determination of the proper rules in consumer transactions. The court may not infer from that limitation the nature of the proper rule in consumer transactions and may continue to apply established approaches. [L 2000, c 241, pt of §1]
HI Rev Stat § 490:9-627 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-627 Determination of whether conduct was commercially reasonable.

  §490:9-627 Determination of whether conduct was commercially reasonable. (a) The fact that a greater amount could have been obtained by a collection, enforcement, disposition, or acceptance at a different time or in a different method from that selected by the secured party is not of itself sufficient to preclude the secured party from establishing that the collection, enforcement, disposition, or acceptance was made in a commercially reasonable manner.  (b) A disposition of collateral is made in a commercially reasonable manner if the disposition is made:  (1) In the usual manner on any recognized market;  (2) At the price current in any recognized market at the time of the disposition; or  (3) Otherwise in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition.  (c) A collection, enforcement, disposition, or acceptance is commercially reasonable if it has been approved:  (1) In a judicial proceeding;  (2) By a bona fide creditors' committee;  (3) By a representative of creditors; or  (4) By an assignee for the benefit of creditors.  (d) Approval under subsection (c) need not be obtained, and lack of approval does not mean that the collection, enforcement, disposition, or acceptance is not commercially reasonable. [L 2000, c 241, pt of §1]
HI Rev Stat § 490:9-628 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-628 Nonliability and limitation on liability of secured party; liability of secondary obligor.

  §490:9-628 Nonliability and limitation on liability of secured party; liability of secondary obligor. (a) Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person:  (1) The secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this article; and  (2) The secured party's failure to comply with this article does not affect the liability of the person for a deficiency.  (b) A secured party is not liable because of 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.  (c) A secured party is not liable to any person, and a person's liability for a deficiency is not affected, because of any act or omission arising out of the secured party's reasonable belief that a transaction is not a consumer-goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party's belief is based on its reasonable reliance on:  (1) A debtor's representation concerning the purpose for which collateral was to be used, acquired, or held; or  (2) An obligor's representation concerning the purpose for which a secured obligation was incurred.  (d) A secured party is not liable to any person under section 490:9-625(c)(2) for its failure to comply with section 490:9-616.  (e) A secured party is not liable under section 490:9-625(c)(2) more than once with respect to any one secured obligation. [L 2000, c 241, pt of §1]
HI Rev Stat § 490:9-701 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-701 Effective date.

  §490:9-701 Effective date. This article takes effect on July 1, 2001. [L 2000, c 241, pt of §1]
HI Rev Stat § 490:9-702 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-702 Savings clause.

  §490:9-702 Savings clause. (a) Except as otherwise provided in this part, this article applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before this article takes effect.  (b) Except as otherwise provided in subsection (c) and sections 490:9-703 through 490:9-709:  (1) Transactions and liens that were not governed by former article 9, were validly entered into or created before this article takes effect, and would be subject to this article if they had been entered into or created after this article takes effect, and the rights, duties, and interests flowing from those transactions and liens, remain valid after this article takes effect; and  (2) The transactions and liens may be terminated, completed, consummated, and enforced as required or permitted by this article or by the law that otherwise would apply if this article had not taken effect.  (c) This article does not affect an action, case, or proceeding commenced before this article takes effect. [L 2000, c 241, pt of §1; am L 2001, c 228, §13]
HI Rev Stat § 490:9-703 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-703 Security interest perfected before effective date.

  §490:9-703 Security interest perfected before effective date. (a) A security interest that is enforceable immediately before this article takes effect and would have priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest under this article if, when this article takes effect, the applicable requirements for enforceability and perfection under this article are satisfied without further action.  (b) Except as otherwise provided in section 490:9-705, if, immediately before this article takes effect, a security interest is enforceable and would have priority over the rights of a person that becomes a lien creditor at that time, but the applicable requirements for enforceability or perfection under this article are not satisfied when this article takes effect, the security interest:  (1) Is a perfected security interest for one year after this article takes effect;  (2) Remains enforceable thereafter only if the security interest becomes enforceable under section 490:9-203 before the year expires; and  (3) Remains perfected thereafter only if the applicable requirements for perfection under this article are satisfied before the year expires. [L 2000, c 241, pt of §1]
HI Rev Stat § 490:9-704 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-704 Security interest unperfected before effective date.

  §490:9-704 Security interest unperfected before effective date. A security interest that is enforceable immediately before this article takes effect but which would be subordinate to the rights of a person that becomes a lien creditor at that time:  (1) Remains an enforceable security interest for one year after this article takes effect;  (2) Remains enforceable thereafter if the security interest becomes enforceable under section 490:9-203 when this article takes effect or within one year thereafter; and  (3) Becomes perfected:  (A) Without further action, when this article takes effect if the applicable requirements for perfection under this article are satisfied before or at that time; or  (B) When the applicable requirements for perfection are satisfied if the requirements are satisfied after that time. [L 2000, c 241, pt of §1]
HI Rev Stat § 490:9-705 (2021)
2021 Hawaii Revised Statutes|Title 27. Uniform Commercial Code|490. Uniform Commercial Code|490:9-705 Effectiveness of action taken before effective date.

  §490:9-705 Effectiveness of action taken before effective date. (a) If action, other than the filing of a financing statement, is taken before this article takes effect and the action would have resulted in priority of a security interest over the rights of a person that becomes a lien creditor had the security interest become enforceable before this article takes effect, the action is effective to perfect a security interest that attaches under this article within one year after this article takes effect. An attached security interest becomes unperfected one year after this article takes effect unless the security interest becomes a perfected security interest under this article before the expiration of that period.  (b) The filing of a financing statement before this article takes effect is effective to perfect a security interest to the extent the filing would satisfy the applicable requirements for perfection under this article.  (c) This article does not render ineffective an effective financing statement that, before this article takes effect, is filed and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in the former section 490:9-103. However, except as otherwise provided in subsections (d) and (e) and section 490:9-706, the financing statement ceases to be effective at the earlier of:  (1) The time the financing statement would have ceased to be effective under the law of the jurisdiction in which it is filed; or  (2) June 30, 2006.  (d) The filing of a continuation statement after this article takes effect does not continue the effectiveness of the financing statement filed before this article takes effect. However, upon the timely filing of a continuation statement after this article takes effect and in accordance with the law of the jurisdiction governing perfection as provided in part 3, the effectiveness of a financing statement filed in the same office in that jurisdiction before this article takes effect continues for the period provided by the law of that jurisdiction.  (e) Subsection (c)(2) applies to a financing statement that, before this article takes effect, is filed against a transmitting utility and satisfies the applicable requirements for perfection under the law of the jurisdiction governing perfection as provided in the former section 490:9-103 only to the extent that part 3 provides that the law of a jurisdiction other than a jurisdiction in which the financing statement is filed governs perfection of a security interest in collateral covered by the financing statement.  (f) A financing statement that includes a financing statement filed before this article takes effect and a continuation statement filed after this article takes effect is effective only to the extent that it satisfies the requirements of part 5 for an initial financing statement. [L 2000, c 241, pt of §1]