California Commercial Code 9619 – (a) In this section, “transfer statement” means a record signed …
(a) In this section, “transfer statement” means a record signed by a secured party stating all of the following:
(1) That the debtor has defaulted in connection with an obligation secured by specified collateral.
Terms Used In California Commercial Code 9619
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. See California Commercial Code 1201
(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.
(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 do all of the following:
(1) Accept the transfer statement.
(2) Promptly amend its records to reflect the transfer.
(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 subdivision (b) or otherwise is not of itself a disposition of collateral under this division and does not of itself relieve the secured party of its duties under this division.
(Amended by Stats. 2023, Ch. 210, Sec. 69. (SB 95) Effective January 1, 2024.)