North Dakota Code 41-09-104 – (9-607) Collection and enforcement by secured party
1. If so agreed, and in any event after default, a secured party:
Terms Used In North Dakota Code 41-09-104
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Debtor: means a natural person whose name was provided in a financing statement record as an individual debtor or one of the types of persons listed in section 41-09-76. See North Dakota Code 41-10-01
- Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
- 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.
- Person: means an individual, organization, government, political subdivision, or government agency or instrumentality. See North Dakota Code 1-01-49
- Property: includes property, real and personal. See North Dakota Code 1-01-49
- Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC
a. May notify an account debtor or other person obligated on collateral to make payment or otherwise render performance to or for the benefit of the secured party; b. May take any proceeds to which the secured party is entitled under section 41-09-35; c. May enforce the obligations of an account debtor or other person obligated on collateral and exercise the rights of the debtor with respect to the obligation of the account debtor or other person obligated on collateral to make payment or otherwise render performance to the debtor, and with respect to any property that secures the obligations of the account debtor or other person obligated on the collateral; d. If it holds a security interest in a deposit account or an uncertificated certificate of deposit perfected by control under subdivision a of subsection 1 of section 41-09-04, or in a certificated certificate of deposit perfected by possession under section 41-09-33, may apply the balance of the deposit account or certificate of deposit to the obligation secured by the deposit account or certificate of deposit; and
e. If it holds a security interest in a deposit account or an uncertificated certificate of deposit perfected by control under subdivision b or c of subsection 1 of section 41-09-04, or in a certificated certificate of deposit perfected by possession under section 41-09-33, may instruct the bank to pay the balance of the deposit account or certificate of deposit to or for the benefit of the secured party.
2. If necessary to enable a secured party to exercise under subdivision c of subsection 1 the right of a debtor to enforce a mortgage nonjudicially, the secured party may record in the office in which a record of the mortgage is recorded:
a. A copy of the security agreement that creates or provides for a security interest in the obligation secured by the mortgage; and
b. The secured party’s sworn affidavit in recordable form stating that:
(1) A default has occurred with respect to the obligation secured by the mortgage; and
(2) The secured party is entitled to enforce the mortgage nonjudicially.
3. A secured party shall proceed in a commercially reasonable manner if the secured party:
a. Undertakes to collect from or enforce an obligation of an account debtor or other person obligated on collateral; and
b. Is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor or a secondary obligor.
4. A secured party may deduct from the collections made pursuant to subsection 3 reasonable expenses of collection and enforcement, including reasonable attorney’s fees and legal expenses incurred by the secured party.
5. This section does not determine whether an account debtor, bank, or other person obligated on collateral owes a duty to a secured party.