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62A.9A-619  <<  62A.9A-620 >>   62A.9A-621

RCW 62A.9A-620

Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral.

(a) Conditions to acceptance in satisfaction. 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 RCW 62A.9A-621; 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; and

     (3) Subsection (e) of this section does not require the secured party to dispose of the collateral or the debtor waives the requirement pursuant to RCW 62A.9A-624.

     (b) Purported acceptance ineffective. 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) Debtor's consent. 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) Effectiveness of notification. To be effective under subsection (a)(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 RCW 62A.9A-621, 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 RCW 62A.9A-621; or

     (B) If a notification was not sent, before the debtor consents to the acceptance under subsection (c) of this section.

     (e) Mandatory disposition of consumer goods. A secured party that has taken possession of collateral shall dispose of the collateral pursuant to RCW 62A.9A-610 within the time specified in subsection (f) of this section if:

     (1) Sixty percent of the cash price has been paid in the case of a purchase-money security interest in consumer goods; or

     (2) Sixty percent of the principal amount of the obligation secured has been paid in the case of a nonpurchase-money security interest in consumer goods.

     (f) Compliance with mandatory disposition requirement. 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.

[2000 c 250 § 9A-620.]