Iowa Code 554.9601 – Rights after default — judicial enforcement — consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes
Current as of: 2024 | Check for updates
|
Other versions
Terms Used In Iowa Code 554.9601
- Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
- Lien: A claim against real or personal property in satisfaction of a debt.
- Statute: A law passed by a legislature.
554.9601 Rights after default — judicial enforcement — consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.
1. Rights of secured party after default. After default, a secured party has the rights provided in this part and, except as otherwise provided in § 554.9602, those provided by agreement of the parties. A secured party:
a. may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and
b. if the collateral is documents, may proceed either as to the documents or as to the goods they cover.
2. Rights and duties of secured party in possession or control. A secured party in possession of collateral or control of collateral under § 554.7106, 554.9104, 554.9105,
554.9105A, 554.9106, 554.9107, or 554.9107A has the rights and duties provided in section
554.9207.
3. Rights cumulative — simultaneous exercise. The rights under subsections 1 and 2 are
cumulative and may be exercised simultaneously.
4. Rights of debtor and obligor. Except as otherwise provided in subsection 7 and section
554.9605, after default, a debtor and an obligor have the rights provided in this part and by
agreement of the parties.
5. Lien of levy after judgment. If a secured party has reduced its claim to judgment, the
lien of any levy that may be made upon the collateral by virtue of an execution based upon
the judgment relates back to the earliest of:
a. the date of perfection of the security interest or agricultural lien in the collateral;
b. the date of filing a financing statement covering the collateral; or
c. any date specified in a statute under which the agricultural lien was created.
6. Execution sale. A sale pursuant to an execution is a foreclosure of the security interest
or agricultural lien by judicial procedure within the meaning of this section. A secured party
may purchase at the sale and thereafter hold the collateral free of any other requirements of
this Article.
7. Consignor or buyer of certain rights to payment. Except as otherwise provided in
section 554.9607, subsection 3, this part imposes no duties upon a secured party that is a
consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
2000 Acts, ch 1149, §99, 187; 2007 Acts, ch 30, §45, 46, 76; 2022 Acts, ch 1117, §35
1. Rights of secured party after default. After default, a secured party has the rights provided in this part and, except as otherwise provided in § 554.9602, those provided by agreement of the parties. A secured party:
a. may reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and
b. if the collateral is documents, may proceed either as to the documents or as to the goods they cover.
2. Rights and duties of secured party in possession or control. A secured party in possession of collateral or control of collateral under § 554.7106, 554.9104, 554.9105,
554.9105A, 554.9106, 554.9107, or 554.9107A has the rights and duties provided in section
554.9207.
3. Rights cumulative — simultaneous exercise. The rights under subsections 1 and 2 are
cumulative and may be exercised simultaneously.
4. Rights of debtor and obligor. Except as otherwise provided in subsection 7 and section
554.9605, after default, a debtor and an obligor have the rights provided in this part and by
agreement of the parties.
5. Lien of levy after judgment. If a secured party has reduced its claim to judgment, the
lien of any levy that may be made upon the collateral by virtue of an execution based upon
the judgment relates back to the earliest of:
a. the date of perfection of the security interest or agricultural lien in the collateral;
b. the date of filing a financing statement covering the collateral; or
c. any date specified in a statute under which the agricultural lien was created.
6. Execution sale. A sale pursuant to an execution is a foreclosure of the security interest
or agricultural lien by judicial procedure within the meaning of this section. A secured party
may purchase at the sale and thereafter hold the collateral free of any other requirements of
this Article.
7. Consignor or buyer of certain rights to payment. Except as otherwise provided in
section 554.9607, subsection 3, this part imposes no duties upon a secured party that is a
consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
2000 Acts, ch 1149, §99, 187; 2007 Acts, ch 30, §45, 46, 76; 2022 Acts, ch 1117, §35