Current through the 2024 Legislative Session
Section 57A-9-205 - Effect of debtor's right to use or dispose of collateral-Requirement of possession(a) A security interest is not invalid or fraudulent against creditors solely because: (1) The debtor has the right or ability to: (A) Use, commingle, or dispose of all or part of the collateral, including returned or repossessed goods;(B) Collect, compromise, enforce, or otherwise deal with collateral;(C) Accept the return of collateral or make repossessions; or(D) Use, commingle, or dispose of proceeds; or(2) The secured party fails to require the debtor to account for proceeds or replace collateral.(b) This section does not relax the requirements of possession if attachment, perfection, or enforcement of a security interest depends upon possession of the collateral by the secured party.