reglab/housing_qa huggingface dataset:
ID Code § 28-9-611 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 6 - DEFAULT|Section 28-9-611 - NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.

28-9-611. 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) of this section, a secured party that disposes of collateral under section 28-9-610 shall send to the persons specified in subsection (c) of this section a reasonable authenticated notification of disposition. (c) To comply with subsection (b) of this section, 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 (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, ten (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 28-9-311(a). (d) 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) A secured party complies with the requirement for notification prescribed by subsection (c)(3)(B) of this section if: (1) Not later than twenty (20) days or earlier than thirty (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) 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.  History: [28-9-611, added 2001, ch. 208, sec. 2, p. 784.]
ID Code § 28-9-612 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 6 - DEFAULT|Section 28-9-612 - TIMELINESS OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL.

28-9-612. TIMELINESS OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL. (a) 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) A notification of disposition sent after default and ten (10) days or more before the earliest time of disposition set forth in the notification is sent within a reasonable time before the disposition.  History: [28-9-612, added 2001, ch. 208, sec. 2, p. 785.]
ID Code § 28-9-613 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 6 - DEFAULT|Section 28-9-613 - CONTENTS AND FORM OF NOTIFICATION BEFORE DISPOSITION OF COLLATERAL — GENERAL.

28-9-613. 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 subsection (1) of this section are nevertheless sufficient is a question of fact. (3) The contents of a notification providing substantially the information specified in subsection (1) of this section are sufficient, even if the notification includes: (A) Information not specified by subsection (1) of this section; 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 28-9-614(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)……..  History: [28-9-613, added 2001, ch. 208, sec. 2, p. 786.]
ID Code § 28-9-617 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 6 - DEFAULT|Section 28-9-617 - RIGHTS OF TRANSFEREE OF COLLATERAL.

28-9-617. 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) of this section, 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) 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.  History: [28-9-617, added 2001, ch. 208, sec. 2, p. 790.]
ID Code § 28-9-618 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 6 - DEFAULT|Section 28-9-618 - RIGHTS AND DUTIES OF CERTAIN SECONDARY OBLIGORS.

28-9-618. 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) of this section: (1) Is not a disposition of collateral under section 28-9-610; and (2) Relieves the secured party of further duties under this chapter.  History: [28-9-618, added 2001, ch. 208, sec. 2, p. 791.]
ID Code § 28-9-619 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 6 - DEFAULT|Section 28-9-619 - TRANSFER OF RECORD OR LEGAL TITLE.

28-9-619. 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 postdefault 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) of this section or otherwise is not of itself a disposition of collateral under this chapter and does not of itself relieve the secured party of its duties under this chapter.  History: [28-9-619, added 2001, ch. 208, sec. 2, p. 791.]
ID Code § 28-9-621 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 6 - DEFAULT|Section 28-9-621 - NOTIFICATION OF PROPOSAL TO ACCEPT COLLATERAL.

28-9-621. 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 (10) 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 (10) 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 28-9-311(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) of this section.  History: [28-9-621, added 2001, ch. 208, sec. 2, p. 793.]
ID Code § 28-9-622 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 6 - DEFAULT|Section 28-9-622 - EFFECT OF ACCEPTANCE OF COLLATERAL.

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) of this section, even if the secured party fails to comply with this chapter.  History: [28-9-622, added 2001, ch. 208, sec. 2, p. 793.]
ID Code § 28-9-623 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 6 - DEFAULT|Section 28-9-623 - RIGHT TO REDEEM COLLATERAL.

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 section 28-9-615(a)(1). (c) A redemption may occur at any time before a secured party: (1) Has collected collateral under section 28-9-607; (2) Has disposed of collateral or entered into a contract for its disposition under section 28-9-610; or (3) Has accepted collateral in full or partial satisfaction of the obligation it secures under section 28-9-622.  History: [28-9-623, added 2001, ch. 208, sec. 2, p. 794.]
ID Code § 28-9-624 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 6 - DEFAULT|Section 28-9-624 - WAIVER.

28-9-624. WAIVER. (a) A debtor or secondary obligor may waive the right to notification of disposition of collateral under section 28-9-611 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 28-9-620(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 28-9-623 only by an agreement to that effect entered into and authenticated after default.  History: [28-9-624, added 2001, ch. 208, sec. 2, p. 794.]
ID Code § 28-9-625 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 6 - DEFAULT|Section 28-9-625 - REMEDIES FOR SECURED PARTY’S FAILURE TO COMPLY WITH CHAPTER.

28-9-625. REMEDIES FOR SECURED PARTY’S FAILURE TO COMPLY WITH CHAPTER. (a) If it is established that a secured party is not proceeding in accordance with this chapter, a court may order or restrain collection, enforcement or disposition of collateral on appropriate terms and conditions. (b) Subject to subsections (c) and (d) of this section, a person is liable for damages in the amount of any loss caused by a failure to comply with this chapter. Loss caused by a failure to comply may include loss resulting from the debtor’s inability to obtain, or increased costs of, alternative financing. (c) Except as otherwise provided in section 28-9-628: (1) A person that, at the time of the failure, was a debtor, was an obligor, or held a security interest in or other lien on the collateral may recover damages under subsection (b) of this section for its loss; and (2) If the collateral is consumer goods, a person that was a debtor or a secondary obligor at the time a secured party failed to comply with this part may recover for that failure in any event, an amount not less than the credit service charge plus ten percent (10%) of the principal amount of the obligation or the time price differential plus ten percent (10%) of the cash price. (d) A debtor whose deficiency is eliminated under section 28-9-626 may recover damages for the loss of any surplus. However, a debtor or secondary obligor whose deficiency is eliminated or reduced under section 28-9-626 may not otherwise recover under subsection (b) of this section for noncompliance with the provisions of this part relating to collection, enforcement, disposition or acceptance. (e) In addition to any damages recoverable under subsection (b) of this section, the debtor, consumer obligor or person named as a debtor in a filed record, as applicable, may recover one hundred dollars ($100) in each case from a person that: (1) Files a record that the person is not entitled to file under section 28-9-509(a); (2) Fails to cause the secured party of record to file or send a termination statement as required by section 28-9-513(a) or (c). (f) If a secured party fails to comply with a request regarding a list of collateral or a statement of account under section 28-9-210, the secured party may claim a security interest only as shown in the statement included in the request as against a person that is reasonably misled by the failure.  History: [28-9-625, added 2001, ch. 208, sec. 2, p. 794.]
ID Code § 28-9-626 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 6 - DEFAULT|Section 28-9-626 - ACTION IN WHICH DEFICIENCY OR SURPLUS IS IN ISSUE.

28-9-626. ACTION IN WHICH DEFICIENCY OR SURPLUS IS IN ISSUE. In an action arising from a transaction in which the amount of a deficiency or surplus is in issue, the following rules apply: (a) 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. (b) 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. (c) Except as otherwise provided in section 28-9-628, 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: (1) The proceeds of the collection, enforcement, disposition or acceptance; or (2) 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. (d) For purposes of subsection (c)(2) of this section, 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. (e) If a deficiency or surplus is calculated under section 28-9-615(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.  History: [28-9-626, added 2001, ch. 208, sec. 2, p. 795; am. 2002, ch. 107, sec. 5, p. 302.]
ID Code § 28-9-627 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 6 - DEFAULT|Section 28-9-627 - DETERMINATION OF WHETHER CONDUCT WAS COMMERCIALLY REASONABLE.

28-9-627. 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) of this section need not be obtained, and lack of approval does not mean that the collection, enforcement, disposition or acceptance is not commercially reasonable.  History: [28-9-627, added 2001, ch. 208, sec. 2, p. 795.]
ID Code § 28-9-628 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 6 - DEFAULT|Section 28-9-628 - NONLIABILITY AND LIMITATION ON LIABILITY OF SECURED PARTY — LIABILITY OF SECONDARY OBLIGOR.

28-9-628. 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 chapter; and (2) The secured party’s failure to comply with this chapter 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 28-9-625(c)(2) for its failure to comply with section 28-9-616. (e) A secured party is not liable under section 28-9-625(c)(2) more than once with respect to any one (1) secured obligation.  History: [28-9-628, added 2001, ch. 208, sec. 2, p. 796.]
ID Code § 28-9-702 (2021)
2021 Idaho Code|Title 28 - COMMERCIAL TRANSACTIONS|Chapter 9 - SECURED TRANSACTIONS|Part 7 - TRANSITION|Section 28-9-702 - SAVINGS CLAUSE.

28-9-702. SAVINGS CLAUSE. (a) Except as otherwise provided in this part, this act applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before this act takes effect. (b) Except as otherwise provided in subsection (c) of this section and sections 28-9-703 through 28-9-709: (1) Transactions and liens that were not governed by former chapter 9, title 28, Idaho Code, were validly entered into or created before this act takes effect, and would be subject to this act if they had been entered into or created after this act takes effect, and the rights, duties, and interests flowing from those transactions and liens remain valid after this act takes effect; and (2) The transactions and liens may be terminated, completed, consummated and enforced as required or permitted by this act or by the law that otherwise would apply if this act had not taken effect. (c) This act does not affect an action, case or proceeding commenced before this act takes effect.  History: [28-9-702, added 2001, ch. 208, sec. 2, p. 797.]