2023 Arizona Revised Statutes › Title 47 - Uniform Commercial Code › § 47-9620 - Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral

47-9620.
Acceptance of collateral in full or partial satisfaction of obligation;  compulsory disposition of collateral
A. Except as otherwise provided in subsection G of this section,  a secured party may accept collateral in full or partial satisfaction of the obligation it secures only if:
1. The debtor consents to the acceptance under subsection C of this section;
2. The secured party does not receive,  within the time set forth in subsection D of this section,  a notification of objection to the proposal authenticated by:
(a) A person to which the secured party was required to send a proposal under section 47-9621;  or
(b) Any other person,  other than the debtor,  holding an interest in the collateral subordinate to the security interest that is the subject of the proposal;
3. If the collateral is consumer goods,  the collateral is not in the possession of the debtor when the debtor consents to the acceptance;  and
4. Subsection E of this section does not require the secured party to dispose of the collateral or the debtor waives the requirement pursuant to section 47-9624.
B. A purported or apparent acceptance of collateral under this section is ineffective unless:
1. The secured party consents to the acceptance in an authenticated record or sends a proposal to the debtor;  and
2. The conditions of subsection A of this section are met.
C. For purposes of this section:
1. A debtor consents to an acceptance of collateral in partial satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record authenticated after default;  and
2. A debtor consents to an acceptance of collateral in full satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record authenticated after default or the secured party:
(a) Sends to the debtor after default a proposal that is unconditional or subject only to a condition that collateral not in the possession of the secured party be preserved or maintained;
(b) In the proposal,  proposes to accept collateral in full satisfaction of the obligation it secures;  and
(c) Does not receive a notification of objection authenticated by the debtor within twenty days after the proposal is sent.
D. To be effective under subsection A,  paragraph 2 of this section,  a notification of objection must be received by the secured party:
1. In the case of a person to which the proposal was sent pursuant to section 47-9621,  within twenty days after notification was sent to that person;  and
2. In other cases:
(a) Within twenty days after the last notification was sent pursuant to section 47-9621;  or
(b) If a notification was not sent,  before the debtor consents to the acceptance under subsection C of this section.
E. A secured party that has taken possession of collateral shall dispose of the collateral pursuant to section 47-9610 within the time specified in subsection F of this section if:
1. Sixty per cent of the cash price has been paid in the case of a purchase money security interest in consumer goods;  or
2. Sixty per cent of the principal amount of the obligation secured has been paid in the case of a nonpurchase money security interest in consumer goods.
F. To comply with subsection E of this section,  the secured party shall dispose of the collateral:
1. Within ninety days after taking possession;  or
2. Within any longer period to which the debtor and all secondary obligors have agreed in an agreement to that effect entered into and authenticated after default.
G. In a consumer transaction,  a secured party may not accept collateral in partial satisfaction of the obligation it secures.