Section § 9601

Explanation
This law explains the rights of a secured party, which is someone with a claim on another's property due to them owing money, when the debtor defaults, or fails to pay. The secured party can take legal action or foreclose to enforce their claim. They can choose to handle documents directly or the goods these documents represent. If they have the collateral in their possession, specific rights and duties apply. Debtors also have rights, and when a secured party wins a judgment, their claim can date back to when they first filed a claim or recorded their interest. If a sale is ordered by a court, the secured party can buy the items themselves. Some parties, like those involving consignment or certain financial assets, have different obligations.
(a)CA Commercial Law Code § 9601(a) After default, a secured party has the rights provided in this chapter and, except as otherwise provided in Section 9602, those rights provided by agreement of the parties. A secured party may do both of the following:
(1)CA Commercial Law Code § 9601(a)(1) Reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure.
(2)CA Commercial Law Code § 9601(a)(2) If the collateral is documents, proceed either as to the documents or as to the goods they cover.
(b)CA Commercial Law Code § 9601(b) A secured party in possession of collateral or control of collateral under Section 7106, 9104, 9105, 9105.1, 9106, 9107, or 9107.1 has the rights and duties provided in Section 9207.
(c)CA Commercial Law Code § 9601(c) The rights under subdivisions (a) and (b) are cumulative and may be exercised simultaneously.
(d)CA Commercial Law Code § 9601(d) Except as otherwise provided in subdivision (g) and in Section 9605, after default, a debtor and an obligor have the rights provided in this chapter and by agreement of the parties.
(e)CA Commercial Law Code § 9601(e) 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 any of the following:
(1)CA Commercial Law Code § 9601(e)(1) The date of perfection of the security interest or agricultural lien in the collateral.
(2)CA Commercial Law Code § 9601(e)(2) The date of filing a financing statement covering the collateral.
(3)CA Commercial Law Code § 9601(e)(3) Any date specified in a statute under which the agricultural lien was created.
(f)CA Commercial Law Code § 9601(f) 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 division.
(g)CA Commercial Law Code § 9601(g) Except as otherwise provided in subdivision (c) of Section 9607, 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.

Section § 9602

Explanation

This section outlines specific rules in various other sections that protect the rights of debtors or obligors and impose duties on secured parties. Debtors can't waive these protections unless otherwise noted. These include rules about using collateral, requesting account information, handling noncash proceeds, accounting for surplus, taking collateral without causing disruptions, and proper disposal of collateral. It also covers explanations of financial outcomes, collateral acceptance, redemption rights, and liabilities of secured parties for non-compliance.

Except as otherwise provided in Section 9624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:
(1)CA Commercial Law Code § 9602(1) Subparagraph (C) of paragraph (4) of subdivision (b) of Section 9207, which deals with use and operation of the collateral by the secured party.
(2)CA Commercial Law Code § 9602(2) Section 9210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account.
(3)CA Commercial Law Code § 9602(3) Subdivision (c) of Section 9607, which deals with collection and enforcement of collateral.
(4)CA Commercial Law Code § 9602(4) Subdivision (a) of Section 9608 and subdivision (c) of Section 9615 to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition.
(5)CA Commercial Law Code § 9602(5) Subdivision (a) of Section 9608 and subdivision (d) of Section 9615 to the extent that they require accounting for or payment of surplus proceeds of collateral.
(6)CA Commercial Law Code § 9602(6) Section 9609 to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace.
(7)CA Commercial Law Code § 9602(7) Subdivision (b) of Section 9610, and Sections 9611, 9613, and 9614, which deal with disposition of collateral.
(8)CA Commercial Law Code § 9602(8) Subdivision (f) of Section 9615, which deals with calculation of a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party, or a secondary obligor.
(9)CA Commercial Law Code § 9602(9) Section 9616, which deals with explanation of the calculation of a surplus or deficiency.
(10)CA Commercial Law Code § 9602(10) Section 9620, 9621, and 9622, which deal with acceptance of collateral in satisfaction of obligation.
(11)CA Commercial Law Code § 9602(11) Section 9623, which deals with redemption of collateral.
(12)CA Commercial Law Code § 9602(12) Section 9624, which deals with permissible waivers.
(13)CA Commercial Law Code § 9602(13) Sections 9625 and 9626, which deal with the existence of a deficiency and with the secured party’s liability for failure to comply with this division.

Section § 9603

Explanation

This law allows parties to agree on how to measure if a debtor or obligor is fulfilling their duties, as long as these agreed standards are reasonable. However, this flexibility does not apply when it comes to the obligation to avoid causing a disturbance or "breaching the peace" during repossession actions, as detailed in another section.

(a)CA Commercial Law Code § 9603(a) The parties may determine by agreement the standards measuring the fulfillment of the rights of a debtor or obligor and the duties of a secured party under a rule stated in Section 9602 if the standards are not manifestly unreasonable.
(b)CA Commercial Law Code § 9603(b) Subdivision (a) does not apply to the duty under Section 9609 to refrain from breaching the peace.

Section § 9604

Explanation

This section outlines the options for a lender when a debt is secured by both personal property, like equipment or fixtures, and real property, like land or buildings. The lender can choose to initiate foreclosure processes on real property, personal property, or both, and it specifies how proceeds from these actions are applied to the debt. It addresses how certain laws governing real estate loans are applied or excluded to personal property and explains different scenarios for recovering debts, including protecting the borrower's rights. Lastly, it covers the implications of these actions on subsequent buyers and the priority of claims on sold properties.

(a)CA Commercial Law Code § 9604(a) If an obligation secured by a security interest in personal property or fixtures is also secured by an interest in real property or an estate therein:
(1)CA Commercial Law Code § 9604(a)(1) The secured party may do any of the following:
(A)CA Commercial Law Code § 9604(a)(1)(A) Proceed, in any sequence, (i) in accordance with the secured party’s rights and remedies in respect of real property as to the real property security, and (ii) in accordance with this chapter as to the personal property or fixtures.
(B)CA Commercial Law Code § 9604(a)(1)(B) Proceed in any sequence, as to both, some, or all of the real property and some or all of the personal property or fixtures in accordance with the secured party’s rights and remedies in respect of the real property, by including the portion of the personal property or fixtures selected by the secured party in the judicial or nonjudicial foreclosure of the real property in accordance with the procedures applicable to real property. In proceeding under this subparagraph, (i) no provision of this chapter other than this subparagraph, subparagraph (C) of paragraph (4), and paragraphs (7) and (8) shall apply to any aspect of the foreclosure; (ii) a power of sale under the deed of trust or mortgage shall be exercisable with respect to both the real property and the personal property or fixtures being sold; and (iii) the sale may be conducted by the mortgagee under the mortgage or by the trustee under the deed of trust. The secured party shall not be deemed to have elected irrevocably to proceed as to both real property and personal property or fixtures as provided in this subparagraph with respect to any particular property, unless and until that particular property actually has been disposed of pursuant to a unified sale (judicial or nonjudicial) conducted in accordance with the procedures applicable to real property, and then only as to the property so sold.
(C)CA Commercial Law Code § 9604(a)(1)(C) Proceed, in any sequence, as to part of the personal property or fixtures as provided in subparagraph (A), and as to other of the personal property or fixtures as provided in subparagraph (B).
(2)Copy CA Commercial Law Code § 9604(a)(2)
(A)Copy CA Commercial Law Code § 9604(a)(2)(A) Except as otherwise provided in paragraph (3), provisions and limitations of any law respecting real property and obligations secured by an interest in real property or an estate therein, including, but not limited to, Section 726 of the Code of Civil Procedure, provisions regarding acceleration or reinstatement of obligations secured by an interest in real property or an estate therein, prohibitions against deficiency judgments, limitations on deficiency judgments based on the value of the collateral, limitations on the right to proceed as to collateral, and requirements that a creditor resort either first or at all to its security, do not in any way apply to either (i) any personal property or fixtures other than personal property or fixtures as to which the secured party has proceeded or is proceeding under subparagraph (B) of paragraph (1), or (ii) the obligation.
(B)CA Commercial Law Code § 9604(a)(2)(A)(B) Pursuant to, but without limiting subparagraph (A), in the event that an obligation secured by personal property or fixtures would otherwise become unenforceable by reason of Section 726 of the Code of Civil Procedure or any requirement that a creditor resort first to its security, then, notwithstanding that section or any similar requirement, the obligation shall nevertheless remain enforceable to the full extent necessary to permit a secured party to proceed against personal property or fixtures securing the obligation in accordance with the secured party’s rights and remedies as permitted under this chapter.
(3)Copy CA Commercial Law Code § 9604(a)(3)
(A)Copy CA Commercial Law Code § 9604(a)(3)(A) Paragraph (2) does not limit the application of Section 580b of the Code of Civil Procedure.
(B)CA Commercial Law Code § 9604(a)(3)(A)(B) If the secured party commences an action, as defined in Section 22 of the Code of Civil Procedure, and the action seeks a monetary judgment on the debt, paragraph (2) does not prevent the assertion by the debtor or an obligor of any right to require the inclusion in the action of any interest in real property or an estate therein securing the debt. If a monetary judgment on the debt is entered in the action, paragraph (2) does not prevent the assertion by the debtor or an obligor of the subsequent unenforceability of the encumbrance on any interest in real property or an estate therein securing the debt and not included in the action.
(C)CA Commercial Law Code § 9604(a)(3)(A)(C) Nothing in paragraph (2) shall be construed to excuse compliance with Section 2924c of the Civil Code as a prerequisite to the sale of real property, but that section has no application to the right of a secured party to proceed as to personal property or fixtures except, and then only to the extent that, the secured party is proceeding as to personal property or fixtures in a unified sale as provided in subparagraph (B) of paragraph (1).
(D)CA Commercial Law Code § 9604(a)(3)(A)(D) Paragraph (2) does not deprive the debtor of the protection of Section 580d of the Code of Civil Procedure against a deficiency judgment following a sale of the real property collateral pursuant to a power of sale in a deed of trust or mortgage.
(E)CA Commercial Law Code § 9604(a)(3)(A)(E) Paragraph (2) shall not affect, nor shall it determine the applicability or inapplicability of, any law respecting real property or obligations secured in whole or in part by real property with respect to a loan or a credit sale made to any individual primarily for personal, family, or household purposes.
(F)CA Commercial Law Code § 9604(a)(3)(A)(F) Paragraph (2) does not deprive the debtor or an obligor of the protection of Section 580a of the Code of Civil Procedure following a sale of real property collateral.
(G)CA Commercial Law Code § 9604(a)(3)(A)(G) If the secured party violates any statute or rule of law that requires a creditor who holds an obligation secured by an interest in real property or an estate therein to resort first to its security before resorting to any property of the debtor that does not secure the obligation, paragraph (2) does not prevent the assertion by the debtor or an obligor of any right to require correction of the violation, any right of the secured party to correct the violation, or the assertion by the debtor or an obligor of the subsequent unenforceability of the encumbrance on any interest in real property or an estate therein securing the obligation, or the assertion by the debtor or an obligor of the subsequent unenforceability of the obligation except to the extent that the obligation is preserved by subparagraph (B) of paragraph (2).
(4)CA Commercial Law Code § 9604(a)(4) If the secured party realizes proceeds from the disposition of collateral that is personal property or fixtures, the following provisions shall apply:
(A)CA Commercial Law Code § 9604(a)(4)(A) The disposition of the collateral, the realization of the proceeds, the application of the proceeds, or any one or more of the foregoing shall not operate to cure any nonmonetary default.
(B)CA Commercial Law Code § 9604(a)(4)(B) The disposition of the collateral, the realization of the proceeds, the application of the proceeds, or any one or more of the foregoing shall not operate to cure any monetary default (although the application of the proceeds shall, to the extent of those proceeds, satisfy the secured obligation) so as to affect in any way the secured party’s rights and remedies under this chapter with respect to any remaining personal property or fixtures collateral.
(C)CA Commercial Law Code § 9604(a)(4)(C) All proceeds so realized shall be applied by the secured party to the secured obligation in accordance with the agreement of the parties and applicable law.
(5)CA Commercial Law Code § 9604(a)(5) An action by the secured party utilizing any available judicial procedure shall in no way be affected by omission of a prayer for a monetary judgment on the debt. Notwithstanding Section 726 of the Code of Civil Procedure, any prohibition against splitting causes of action or any other statute or rule of law, a judicial action which neither seeks nor results in a monetary judgment on the debt shall not preclude a subsequent action seeking a monetary judgment on the debt or any other relief.
(6)CA Commercial Law Code § 9604(a)(6) As used in this subdivision, “monetary judgment on the debt” means a judgment for the recovery from the debtor of all or part of the principal amount of the secured obligation, including, for purposes of this subdivision, contractual interest thereon. “Monetary judgment on the debt” does not include a judgment which provides only for other relief (whether or not that other relief is secured by the collateral), such as one or more forms of nonmonetary relief, and monetary relief ancillary to any of the foregoing, such as attorneys’ fees and costs incurred in seeking the relief.
(7)CA Commercial Law Code § 9604(a)(7) If a secured party fails to comply with the procedures applicable to real property in proceeding as to both real and personal property under subparagraph (B) of paragraph (1), a purchaser for value of any interest in the real property at judicial or nonjudicial foreclosure proceedings conducted pursuant to subparagraph (B) of paragraph (1) takes that interest free from any claim or interest of another person, or any defect in title, based upon that noncompliance, unless:
(A)CA Commercial Law Code § 9604(a)(7)(A) The purchaser is the secured party and the failure to comply with this chapter occurred other than in good faith; or
(B)CA Commercial Law Code § 9604(a)(7)(B) The purchaser is other than the secured party and at the time of sale of the real property at that foreclosure the purchaser had knowledge of the failure to comply with this chapter and that the noncompliance occurred other than in good faith.
Even if the purchaser at the foreclosure sale does not take his or her interest free of claims, interests, or title defects based upon that noncompliance with this chapter, a subsequent purchaser for value who acquires an interest in that real property from the purchaser at that foreclosure takes that interest free from any claim or interest of another person, or any defect in title, based upon that noncompliance, unless at the time of acquiring the interest the subsequent purchaser has knowledge of the failure to comply with this chapter and that the noncompliance occurred other than in good faith.
(8)CA Commercial Law Code § 9604(8) If a secured party proceeds by way of a unified sale under subparagraph (B) of paragraph (1), then, for purposes of applying Section 580a or subdivision (b) of Section 726 of the Code of Civil Procedure to any such unified sale, the personal property or fixtures included in the unified sale shall be deemed to be included in the “real property or other interest sold,” as that term is used in Section 580a or subdivision (b) of Section 726 of the Code of Civil Procedure.

Section § 9605

Explanation

This law explains when a secured party, like a lender, has duties to other parties. Generally, they don't owe obligations to debtors, obligors, or other secured parties unless they know the person's details, like identity and contact info. However, if they control certain types of collateral and realize the necessary info isn't already provided by that collateral, they do have duties to the debtor or obligor.

(a)CA Commercial Law Code § 9605(a) Except as provided in subdivision (b), a secured party does not owe a duty based on its status as secured party to either of the following persons:
(1)CA Commercial Law Code § 9605(a)(1) To a person that is a debtor or obligor, unless the secured party knows all of the following:
(A)CA Commercial Law Code § 9605(a)(1)(A) That the person is a debtor or obligor.
(B)CA Commercial Law Code § 9605(a)(1)(B) The identity of the person.
(C)CA Commercial Law Code § 9605(a)(1)(C) How to communicate with the person.
(2)CA Commercial Law Code § 9605(a)(2) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows both of the following:
(A)CA Commercial Law Code § 9605(a)(2)(A) That the person is a debtor.
(B)CA Commercial Law Code § 9605(a)(2)(B) The identity of the person.
(b)CA Commercial Law Code § 9605(b) A secured party owes a duty based on its status as a secured party to a person if, at the time the secured party obtains control of collateral that is a controllable account, controllable electronic record, or controllable payment intangible or at the time the security interest attaches to the collateral, whichever is later, both of the following conditions are satisfied:
(1)CA Commercial Law Code § 9605(b)(1) The person is a debtor or obligor.
(2)CA Commercial Law Code § 9605(b)(2) The secured party knows that the information in subparagraph (A), (B), or (C) of paragraph (1) of subdivision (a) relating to the person is not provided by the collateral, a record attached to or logically associated with the collateral, or the system in which the collateral is recorded.

Section § 9606

Explanation
In this section, a default on an agricultural lien happens when the person who has the right to be paid (secured party) can legally enforce that right according to the rules set by the specific law that created the lien.
For purposes of this chapter, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under which it was created.

Section § 9607

Explanation

This law talks about what a secured party can do if someone they loaned money to doesn't pay back the loan as agreed. After a default, the secured party has several rights: they can tell people who owe money or services linked to the loan to pay them directly, take any money they're entitled to, and enforce payment obligations. They can also use money in a deposit account they control to settle debts. If trying to enforce a mortgage, they can record certain documents publicly. They need to act in a fair manner when collecting owed money, and can charge reasonable expenses for doing so. However, this section doesn't say if others involved, like banks, need to follow these instructions.

(a)CA Commercial Law Code § 9607(a) If so agreed, and in any event after default, a secured party may do all of the following:
(1)CA Commercial Law Code § 9607(a)(1) 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.
(2)CA Commercial Law Code § 9607(a)(2) Take any proceeds to which the secured party is entitled under Section 9315.
(3)CA Commercial Law Code § 9607(a)(3) 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.
(4)CA Commercial Law Code § 9607(a)(4) If it holds a security interest in a deposit account perfected by control under paragraph (1) of subdivision (a) of Section 9104, apply the balance of the deposit account to the obligation secured by the deposit account.
(5)CA Commercial Law Code § 9607(a)(5) If it holds a security interest in a deposit account perfected by control under paragraph (2) or (3) of subdivision (a) of Section 9104, instruct the bank to pay the balance of the deposit account to or for the benefit of the secured party.
(b)CA Commercial Law Code § 9607(b) If necessary to enable a secured party to exercise under paragraph (3) of subdivision (a) 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 both of the following:
(1)CA Commercial Law Code § 9607(b)(1) A copy of the security agreement that creates or provides for a security interest in the obligation secured by the mortgage.
(2)CA Commercial Law Code § 9607(b)(2) The secured party’s sworn affidavit in recordable form stating both of the following:
(A)CA Commercial Law Code § 9607(b)(2)(A) That a default has occurred with respect to the obligation secured by the mortgage.
(B)CA Commercial Law Code § 9607(b)(2)(B) That the secured party is entitled to enforce the mortgage nonjudicially.
(c)CA Commercial Law Code § 9607(c) A secured party shall proceed in a commercially reasonable manner if both of the following apply with respect to the secured party:
(1)CA Commercial Law Code § 9607(c)(1) It undertakes to collect from or enforce an obligation of an account debtor or other person obligated on collateral.
(2)CA Commercial Law Code § 9607(c)(2) It is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor or a secondary obligor.
(d)CA Commercial Law Code § 9607(d) A secured party may deduct from the collections made pursuant to subdivision (c) reasonable expenses of collection and enforcement, including reasonable attorney’s fees and legal expenses incurred by the secured party.
(e)CA Commercial Law Code § 9607(e) This section does not determine whether an account debtor, bank, or other person obligated on collateral owes a duty to a secured party.

Section § 9608

Explanation

This law outlines what happens when a security interest or agricultural lien secures a debt. If the lender collects or enforces payment, any cash proceeds should first cover collection expenses, such as attorney fees. Next, they satisfy the original debt, and then any other debts with lower priority if requested. Noncash proceeds don't have to be disbursed unless it's unreasonably harmful not to. Lenders must refund any extra money to the borrower, who still owes any shortfall. However, if the deal involves selling accounts or similar items, the borrower doesn't get any surplus and isn't responsible for any shortfall, unless the agreement states otherwise.

(a)CA Commercial Law Code § 9608(a) If a security interest or agricultural lien secures payment or performance of an obligation, the following rules apply:
(1)CA Commercial Law Code § 9608(a)(1) A secured party shall apply or pay over for application the cash proceeds of collection or enforcement under Section 9607 in the following order to:
(A)CA Commercial Law Code § 9608(a)(1)(A) The reasonable expenses of collection and enforcement and, to the extent provided for by agreement and not prohibited by law, reasonable attorney’s fees and legal expenses incurred by the secured party.
(B)CA Commercial Law Code § 9608(a)(1)(B) The satisfaction of obligations secured by the security interest or agricultural lien under which the collection or enforcement is made.
(C)CA Commercial Law Code § 9608(a)(1)(C) The satisfaction of obligations secured by any subordinate security interest in or other lien on the collateral subject to the security interest or agricultural lien under which the collection or enforcement is made if the secured party receives a signed demand for proceeds before distribution of the proceeds is completed.
(2)CA Commercial Law Code § 9608(a)(2) If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder complies, the secured party need not comply with the holder’s demand under subparagraph (C) of paragraph (1).
(3)CA Commercial Law Code § 9608(a)(3) A secured party need not apply or pay over for application noncash proceeds of collection and enforcement under Section 9607 unless the failure to do so would be commercially unreasonable. A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner.
(4)CA Commercial Law Code § 9608(a)(4) A secured party shall account to and pay a debtor for any surplus, and except as otherwise provided in subdivision (b) of Section 9626, the obligor is liable for any deficiency.
(b)CA Commercial Law Code § 9608(b) If the underlying transaction is a sale of accounts, chattel paper, payment intangibles, or promissory notes, the debtor is not entitled to any surplus, and the obligor is not liable for any deficiency. Subdivision (b) of Section 701.040 of the Code of Civil Procedure relating to the payment of proceeds applies only if the security agreement provides that the debtor is entitled to any surplus.

Section § 9609

Explanation

When a borrower defaults, the lender who holds a security interest can take possession of the borrower's property, known as collateral. Alternatively, the lender can make attached equipment unusable and sell it on the borrower's property. The lender can do this through the court or on their own without causing a disturbance. The borrower might also need to gather the collateral and deliver it to the lender at a convenient location. This action is based on prior agreements or after a default.

(a)CA Commercial Law Code § 9609(a) After default, a secured party may do both of the following:
(1)CA Commercial Law Code § 9609(a)(1) Take possession of the collateral.
(2)CA Commercial Law Code § 9609(a)(2) Without removal, render equipment unusable and dispose of collateral on a debtor’s premises under Section 9610.
(b)CA Commercial Law Code § 9609(b) A secured party may proceed under subdivision (a) in either of the following ways:
(1)CA Commercial Law Code § 9609(b)(1) Pursuant to judicial process.
(2)CA Commercial Law Code § 9609(b)(2) Without judicial process, if it proceeds without breach of the peace.
(c)CA Commercial Law Code § 9609(c) If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties.

Section § 9610

Explanation

This law talks about what a secured party can do with the collateral if the borrower defaults on their loan. Basically, they can sell, lease, or otherwise get rid of the collateral, but they have to do it in a way that makes business sense. They can do this at a public auction or a private sale, but they can only buy it themselves at a public sale or if it’s the kind of thing that’s usually sold in a recognized market. Also, when they sell or lease the collateral, certain guarantees like the right to own or use the property go along with it, unless they clearly say there aren't any, usually by writing it into the contract.

(a)CA Commercial Law Code § 9610(a) After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing.
(b)CA Commercial Law Code § 9610(b) Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable. If commercially reasonable, a secured party may dispose of collateral by public or private proceedings, by one or more contracts, as a unit or in parcels, and at any time and place and on any terms.
(c)CA Commercial Law Code § 9610(c) A secured party may purchase collateral at either of the following:
(1)CA Commercial Law Code § 9610(c)(1) At a public disposition.
(2)CA Commercial Law Code § 9610(c)(2) At a private disposition only if the collateral is of a kind that is customarily sold on a recognized market or the subject of widely distributed standard price quotations.
(d)CA Commercial Law Code § 9610(d) A contract for sale, lease, license, or other disposition includes the warranties relating to title, possession, quiet enjoyment, and the like which by operation of law accompany a voluntary disposition of property of the kind subject to the contract.
(e)CA Commercial Law Code § 9610(e) A secured party may disclaim or modify warranties under subdivision (d) in either of the following ways:
(1)CA Commercial Law Code § 9610(e)(1) In a manner that would be effective to disclaim or modify the warranties in a voluntary disposition of property of the kind subject to the contract of disposition.
(2)CA Commercial Law Code § 9610(e)(2) By communicating to the purchaser a record evidencing the contract for disposition and including an express disclaimer or modification of the warranties.
(f)CA Commercial Law Code § 9610(f) A record is sufficient to disclaim warranties under subdivision (e) if it indicates “There is no warranty relating to title, possession, quiet enjoyment, or the like in this disposition” or uses words of similar import.

Section § 9611

Explanation

This law talks about what a secured party must do when they are selling collateral that they have a legal claim over. "Notification date" is when they tell the borrower or waiver happens. Normally, they must send a signed notice to the borrower, any secondary guarantors, and others with claims on the collateral. If the collateral isn't a consumer good, they must also notify other relevant parties who might have an interest, based on certain criteria. Notice is not needed if the collateral is perishable, loses value quickly, or is sold on a recognized market. The secured party must also try to get information on other claims 20-30 days before the sale and notify those parties if they find any claims.

(a)CA Commercial Law Code § 9611(a) In this section, “notification date” means the earlier of the date on which:
(1)CA Commercial Law Code § 9611(a)(1) A secured party sends to the debtor and any secondary obligor a signed notification of disposition.
(2)CA Commercial Law Code § 9611(a)(2) The debtor and any secondary obligor waive the right to notification.
(b)CA Commercial Law Code § 9611(b) Except as otherwise provided in subdivision (d), a secured party that disposes of collateral under Section 9610 shall send to the persons specified in subdivision (c) a reasonable signed notification of disposition.
(c)CA Commercial Law Code § 9611(c) To comply with subdivision (b), the secured party shall send a signed notification of disposition to all of the following persons:
(1)CA Commercial Law Code § 9611(c)(1) The debtor.
(2)CA Commercial Law Code § 9611(c)(2) Any secondary obligor.
(3)CA Commercial Law Code § 9611(c)(3) If the collateral is other than consumer goods to both of the following persons:
(A)CA Commercial Law Code § 9611(c)(3)(A) Any other person from which the secured party has received, before the notification date, a signed notification of a claim of an interest in the collateral.
(B)CA Commercial Law Code § 9611(c)(3)(B) Any other secured party or lienholder that, 10 days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement with respect to which all of the following apply:
(i)CA Commercial Law Code § 9611(c)(3)(B)(i) It identified the collateral.
(ii)CA Commercial Law Code § 9611(c)(3)(B)(ii) It was indexed under the debtor’s name as of that date.
(iii)CA Commercial Law Code § 9611(c)(3)(B)(iii) It was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date.
(C)CA Commercial Law Code § 9611(c)(3)(C) Any other secured party that, 10 days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in subdivision (a) of Section 9311.
(d)CA Commercial Law Code § 9611(d) Subdivision (b) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market.
(e)CA Commercial Law Code § 9611(e) A secured party complies with the requirement for notification prescribed in subparagraph (B) of paragraph (3) of subdivision (c) if it satisfies both of the following conditions:
(1)CA Commercial Law Code § 9611(e)(1) Not later than 20 days or earlier than 30 days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtor’s name in the office indicated in subparagraph (B) of paragraph (3) of subdivision (c).
(2)CA Commercial Law Code § 9611(e)(2) Before the notification date, the secured party either:
(A)CA Commercial Law Code § 9611(e)(2)(A) Did not receive a response to the request for information.
(B)CA Commercial Law Code § 9611(e)(2)(B) Received a response to the request for information and sent a signed notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral.

Section § 9612

Explanation

This section explains how to determine if a notice is sent in a reasonable time. Generally, whether a notification is reasonable depends on the situation. However, for non-consumer business transactions, if the notice about selling someone's defaulted property is sent at least 10 days before the sale, it's considered sent on time.

(a)CA Commercial Law Code § 9612(a) Except as otherwise provided in subdivision (b), whether a notification is sent within a reasonable time is a question of fact.
(b)CA Commercial Law Code § 9612(b) In a transaction other than a consumer transaction, a notification of disposition sent after default and 10 days or more before the earliest time of disposition set forth in the notification is sent within a reasonable time before the disposition.

Section § 9613

Explanation

This section outlines the rules for notifying someone about the sale of collateral, typically for a loan that hasn't been paid back. It does not apply to consumer goods transactions. The notice must identify both the borrower (debtor) and the lender (secured party), describe the asset being sold, explain how it will be sold, and state that the borrower can ask for a statement showing how much is still owed—and if there's a cost for that statement. It must also detail where and when the sale will happen if it's public, or when it might occur if it's private. Even if some information is missing, the notice might still be okay if it substantially covers the required details and isn't misleading. Finally, there's a sample notice template included, along with instructions on how to fill it out properly.

(a)CA Commercial Law Code § 9613(a) Except in a consumer-goods transaction, the following rules apply:
(1)CA Commercial Law Code § 9613(a)(1) The contents of a notification of disposition are sufficient if the notification does all of the following:
(A)CA Commercial Law Code § 9613(a)(1)(A) It describes the debtor and the secured party.
(B)CA Commercial Law Code § 9613(a)(1)(B) It describes the collateral that is the subject of the intended disposition.
(C)CA Commercial Law Code § 9613(a)(1)(C) It states the method of intended disposition.
(D)CA Commercial Law Code § 9613(a)(1)(D) It states that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting.
(E)CA Commercial Law Code § 9613(a)(1)(E) It states the time and place of a public disposition or the time after which any other disposition is to be made.
(2)CA Commercial Law Code § 9613(a)(2) Whether the contents of a notification that lacks any of the information specified in paragraph (1) are nevertheless sufficient is a question of fact.
(3)CA Commercial Law Code § 9613(a)(3) The contents of a notification providing substantially the information specified in paragraph (1) are sufficient, even if the notification includes either of the following:
(A)CA Commercial Law Code § 9613(a)(3)(A) Information not specified by that paragraph.
(B)CA Commercial Law Code § 9613(a)(3)(B) Minor errors that are not seriously misleading.
(4)CA Commercial Law Code § 9613(a)(4) A particular phrasing of the notification is not required.
(5)CA Commercial Law Code § 9613(a)(5) The following form of notification and the form appearing in paragraph (3) of subdivision (a) of Section 9614, when completed in accordance with the instructions in subdivision (b) and subdivision (b) or (c), as applicable, of Section 9614, each provides sufficient information:
NOTIFICATION OF DISPOSITION OF COLLATERAL
To: 
[Name of debtor, obligor, or other person to which the
notification is sent]
From: 
[Name, address, and telephone number of
secured party]
{1} Name of any debtor that is not an addressee: 
[Name of each debtor]
{2} We will sell
the _____ [describe collateral] _____ [to the highest qualified bidder] at public sale. A sale could include a lease or license. The sale will be held
as follows:
Date: 
Time: 
Place: 
{3} We will sell  _____ (describe collateral) _____ at private sale sometime after _____ [date] _____ . A sale could include a lease or license.
{4} You are entitled to an accounting of the unpaid indebtedness
secured by the property that we intend to sell
or, as applicable, lease or license.
{5} If you request an accounting you must pay a charge of _____ _____ _____ (amount) _____ _____ _____
{6} You may request
an accounting by calling us at .
[telephone number]
(b)CA Commercial Law Code § 9613(b) The following instructions apply to the form of notification in paragraph (5) of subdivision (a):
(1)CA Commercial Law Code § 9613(b)(1) The instructions in this subdivision refer to the numbers in braces before items in the form of notification in paragraph (5) of subdivision (a). Do not include the numbers or braces in the notification. The numbers and braces are used only for the purpose of these instructions.
(2)CA Commercial Law Code § 9613(b)(2) Include and complete item {1} only if there is a debtor that is not an addressee of the notification and list the name or names.
(3)CA Commercial Law Code § 9613(b)(3) Include and complete either item {2}, if the notification relates to a public disposition of the collateral, or item {3}, if the notification relates to a private disposition of the collateral. If item {2} is included, include the words “to the highest qualified bidder” only if applicable.
(4)CA Commercial Law Code § 9613(b)(4) Include and complete items {4} and {6}.
(5)CA Commercial Law Code § 9613(b)(5) Include and complete item {5} only if the sender will charge the recipient for an accounting.

Section § 9614

Explanation

This legal section talks about how lenders must notify consumers when they're planning to sell property, like a car or other personal items, if the borrower defaults on a loan agreement. The notification must include specific information, such as what the property is, any remaining debt, and how much it will take to get the property back. Although there's no special way phrasing required for this notice, a template is provided in the code, which includes options for a public sale (like an auction) or a private sale. If it's about a vehicle, the law also clarifies that the sale needs to be advertised to the public, allowing the borrower access to inspect the vehicle. The borrower can attend the sale and even bring buyers, and if their property sells for more than what they owe, they're entitled to the extra money unless it has to go elsewhere.

(a)CA Commercial Law Code § 9614(a) In a consumer-goods transaction, the following rules apply:
(1)CA Commercial Law Code § 9614(a)(1) A notification of disposition must provide all of the following information:
(A)CA Commercial Law Code § 9614(a)(1)(A) The information specified in paragraph (1) of subdivision (a) of Section 9613.
(B)CA Commercial Law Code § 9614(a)(1)(B) A description of any liability for a deficiency of the person to which the notification is sent.
(C)CA Commercial Law Code § 9614(a)(1)(C) A telephone number from which the amount that must be paid to the secured party to redeem the collateral under Section 9623 is available.
(D)CA Commercial Law Code § 9614(a)(1)(D) A telephone number or mailing address from which additional information concerning the disposition and the obligation secured is available.
(2)CA Commercial Law Code § 9614(a)(2) A particular phrasing of the notification is not required.
(3)CA Commercial Law Code § 9614(a)(3) The following form of notification, when completed in accordance with the instructions in subdivision (b), provides sufficient information:
_____ [Name and address of secured party] _____
_____ [Date] _____
NOTICE OF OUR PLAN TO SELL PROPERTY
_____ [Name and address of any obligor who is also a debtor] _____
Subject:  _____ [Identification of Transaction] _____
We have your  _____ [describe collateral] _____ , because you broke promises
in our agreement.
{1} We will sell  _____ [describe collateral] _____ at public sale. A sale
could include a lease or license. The sale will be held as follows:
Date:
Time:
Place:
You may attend the sale and bring bidders if you want.
{2} We will sell  _____ [describe collateral] _____ at private sale
sometime after [date].
A sale could include a lease or license.
{3} The money that we get from the sale, after paying our costs,
will reduce the amount you owe. If we get less money than you
owe, you [will or will not, as applicable] still owe us the
difference. If we get more money than you owe, you will get
the extra money, unless we must pay it to someone else.
{4} You can get the property back at any time before we sell it by
paying us the full amount you owe, not just the past due
payments, including our expenses. To learn the exact amount
you must pay, call us at [telephone number].
{5} If you want us to explain to you in[writing] [writing or in [description of electronic record]] [description of electronic record] how we have figured
the amount that you owe us, {6} call us
at [telephone number] [or write us at [secured party’s address]][or contact us by [description of electronic communication method]
{7} and request[a written explanation] [a written explanation or an explanation in [description of electronic record]] [an explanation in [description of electronic record]]
{8} We will charge you $_____
for the explanation if we sent you another written explanation of the amount you owe us within the last six months.]
{9} If you need more information about the sale [call us
at [telephone number]] [or] [write us at [secured party’s address]] [or contact us by[description of electronic communication method]].
{10} We are sending this notice to the following other people who have an interest in [describe collateral] or who owe money under
your agreement: [Names of all other debtors and obligors, if any]
(b)CA Commercial Law Code § 9614(b) The following instructions apply to the form of notification in paragraph (3) of subdivision (a):
(1)CA Commercial Law Code § 9614(b)(1) The instructions in this subdivision refer to the numbers in braces before items in the form of notification in paragraph (3) of subdivision (a). Do not include the numbers or braces in the notification. The numbers and braces are used only for the purpose of these instructions.
(2)CA Commercial Law Code § 9614(b)(2) Include and complete either item {1}, if the notification relates to a public disposition of the collateral, or item {2}, if the notification relates to a private disposition of the collateral.
(3)CA Commercial Law Code § 9614(b)(3) Include and complete items {3} to {7}, inclusive.
(4)CA Commercial Law Code § 9614(b)(4) In item {5}, include and complete any one of the three alternative methods for the explanation—writing, writing or electronic record, or electronic record.
(5)CA Commercial Law Code § 9614(b)(5) In item {6}, include the telephone number. In addition, the sender may include and complete either or both of the two additional alternative methods of communication—writing or electronic communication—for the recipient of the notification to communicate with the sender. Neither of the two additional methods of communication is required to be included.
(6)CA Commercial Law Code § 9614(b)(6) In item {7}, include and complete the method or methods for the explanation—writing, writing or electronic record, or electronic record—included in item {5}.
(7)CA Commercial Law Code § 9614(b)(7) Include and complete item {8} only if a written explanation is included in item {5} as a method for communicating the explanation and the sender will charge the recipient for another written explanation.
(8)CA Commercial Law Code § 9614(b)(8) In item {9}, include either the telephone number or the address or both the telephone number and the address. In addition, the sender may include and complete the additional method of communication—electronic communication—for the recipient of the notification to communicate with the sender. The additional method of electronic communication is not required to be included.
(9)CA Commercial Law Code § 9614(b)(9) If item {10} does not apply, insert “None” after “agreement:”.
(c)Copy CA Commercial Law Code § 9614(c)
(1)Copy CA Commercial Law Code § 9614(c)(1) If the collateral is a motor vehicle, a public disposition includes, but is not limited to, the following defined categories:
(A)CA Commercial Law Code § 9614(c)(1)(A) Retail disposition by a retail seller of motor vehicles who offers the collateral for sale or lease to the general public in the same manner as goods that the seller disposes of on the seller’s own behalf.
(B)CA Commercial Law Code § 9614(c)(1)(B) Retail disposition made subsequent to advertising in a publication with a recognized ability to attract retail motor vehicle buyers and lessees and in a manner designed to reach the retail buying and leasing public for vehicles of that type and condition.
(2)CA Commercial Law Code § 9614(c)(2) For dispositions under subparagraphs (A) and (B) of paragraph (1), the secured creditor shall ensure that the consumer has reasonable access to the motor vehicle in question in order to be able to exercise the right to inspect the motor vehicle.
(3)CA Commercial Law Code § 9614(c)(3) For dispositions under paragraph (1), the following rules apply:
(A)CA Commercial Law Code § 9614(c)(3)(A) A notification in the form of paragraph (4) is sufficient, even if additional information appears at the end of the form.
(B)CA Commercial Law Code § 9614(c)(3)(B) A notification in the form of paragraph (4) is sufficient, even if it includes errors in information not required by paragraph (1) of subdivision (a), unless the error is misleading with respect to rights arising under this division.
(C)CA Commercial Law Code § 9614(c)(3)(C) If a notification under this subdivision is not in the form of paragraph (4), law other than this division determines the effect of including information not required by paragraph (1) of subdivision (a).
(4)CA Commercial Law Code § 9614(c)(4) For dispositions under paragraph (1), the following form of notification, when completed, provides sufficient information:
_____ [Name and address of secured party] _____
_____ [Date] _____
NOTICE OF OUR PLAN TO SELL PROPERTY
_____ [Name and address of any obligor who is also a debtor] _____
Subject:  _____ [Identification of Transaction] _____
We have your  _____ [describe collateral] _____ , because you broke promises
in our agreement.
We will sell  _____ (describe type of motor vehicle) _____
beginning on  _____ (date) _____
by offering it for retail sale or lease to the general public through
(select the applicable provision:)
(A)CA Commercial Law Code § 9614(A) Name of dealer
Address of dealer
You may inspect the motor vehicle and encourage people to purchase or lease it.
(or)
(B)CA Commercial Law Code § 9614(B) Advertising it for sale to the general public to be purchased
from _____ (name of secured creditor) _____
at _____ (address where vehicle is to be sold) _____
You may inspect the motor vehicle and encourage people to purchase or lease it.
(d)CA Commercial Law Code § 9614(d) Nothing in this section shall be construed to alter or disturb any right to inspect a consumer good prior to sale under existing law.

Section § 9615

Explanation

This law outlines how money from selling assets (secured by a loan) should be distributed. First, it pays for any costs related to taking and selling the items, including legal fees. Next, it covers the loan tied to the asset. Then, any other debts related to the asset. If any money is left, and not needed to pay a consignor (someone who had ownership of the asset), it goes to the debtor. If there’s a shortfall, the debtor must cover it. In certain sales, the debtor gets no extra money, and the obligor owes nothing if there’s a shortfall. Rules also cover fair price valuation in sales to related parties or those with conflicts, ensuring that genuine market value is considered.

(a)CA Commercial Law Code § 9615(a) A secured party shall apply or pay over for application the cash proceeds of disposition under Section 9610 in the following order to each of the following:
(1)CA Commercial Law Code § 9615(a)(1) The reasonable expenses of retaking, holding, preparing for disposition, processing, and disposing, and, to the extent provided for by agreement and not prohibited by law, reasonable attorney’s fees and legal expenses incurred by the secured party.
(2)CA Commercial Law Code § 9615(a)(2) The satisfaction of obligations secured by the security interest or agricultural lien under which the disposition is made.
(3)CA Commercial Law Code § 9615(a)(3) The satisfaction of obligations secured by any subordinate security interest in or other subordinate lien on the collateral and to the satisfaction of any subordinate attachment lien or execution lien pursuant to subdivision (b) of Section 701.040 of the Code of Civil Procedure if both of the following conditions are satisfied:
(A)CA Commercial Law Code § 9615(a)(3)(A) The secured party receives from the holder of the subordinate security interest or other lien a signed demand for proceeds or notice of the levy of attachment or execution before distribution of the proceeds is completed.
(B)CA Commercial Law Code § 9615(a)(3)(B) In a case in which a consignor has an interest in the collateral, the subordinate security interest or other lien is senior to the interest of the consignor.
(4)CA Commercial Law Code § 9615(a)(4) A secured party that is a consignor of the collateral if the secured party receives from the consignor a signed demand for proceeds before distribution of the proceeds is completed.
(b)CA Commercial Law Code § 9615(b) If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder does so, the secured party need not comply with the holder’s demand under paragraph (3) of subdivision (a).
(c)CA Commercial Law Code § 9615(c) A secured party need not apply or pay over for application noncash proceeds of disposition under Section 9610 unless the failure to do so would be commercially unreasonable. A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner.
(d)CA Commercial Law Code § 9615(d) If the security interest under which a disposition is made secures payment or performance of an obligation, after making the payments and applications required by subdivision (a) and permitted by subdivision (c), both of the following apply:
(1)CA Commercial Law Code § 9615(d)(1) Unless paragraph (4) of subdivision (a) requires the secured party to apply or pay over cash proceeds to a consignor, the secured party shall account to and pay a debtor for any surplus except as provided in Section 701.040 of the Code of Civil Procedure.
(2)CA Commercial Law Code § 9615(d)(2) Subject to subdivision (b) of Section 9626, the obligor is liable for any deficiency.
(e)Copy CA Commercial Law Code § 9615(e)
(1)Copy CA Commercial Law Code § 9615(e)(1) If the underlying transaction is a sale of accounts, chattel paper, payment intangibles, or promissory notes, both of the following apply:
(A)CA Commercial Law Code § 9615(e)(1)(A) The debtor is not entitled to any surplus.
(B)CA Commercial Law Code § 9615(e)(1)(B) The obligor is not liable for any deficiency.
(2)CA Commercial Law Code § 9615(e)(2) Subdivision (b) of Section 701.040 of the Code of Civil Procedure relating to the payment of proceeds and the liability of the secured party applies only if the security agreement provides that the debtor is entitled to any surplus.
(f)CA Commercial Law Code § 9615(f) The surplus or deficiency following a disposition is calculated based on the amount of proceeds that would have been realized in a disposition complying with this chapter to a transferee other than the secured party, a person related to the secured party, or a secondary obligor if both of the following apply:
(1)CA Commercial Law Code § 9615(f)(1) The transferee in the disposition is the secured party, a person related to the secured party, or a secondary obligor.
(2)CA Commercial Law Code § 9615(f)(2) The amount of proceeds of the disposition is significantly below the range of proceeds that a complying disposition to a person other than the secured party, a person related to the secured party, or a secondary obligor would have brought.
(g)CA Commercial Law Code § 9615(g) The following rules apply with respect to a secured party that receives cash proceeds of a disposition in good faith and without knowledge that the receipt violates the rights of the holder of a security interest or other lien that is not subordinate to the security interest or agricultural lien under which the disposition is made:
(1)CA Commercial Law Code § 9615(g)(1) The secured party takes the cash proceeds free of the security interest or other lien.
(2)CA Commercial Law Code § 9615(g)(2) The secured party is not obligated to apply the proceeds of the disposition to the satisfaction of obligations secured by the security interest or other lien.
(3)CA Commercial Law Code § 9615(g)(3) The secured party is not obligated to account to or pay the holder of the security interest or other lien for any surplus.

Section § 9616

Explanation

This law outlines the obligations of a secured party in a consumer-goods transaction when handling a surplus (extra money) or a deficiency (debt remaining) after selling collateral (like a repossessed car). A secured party must provide an "explanation" to the debtor or consumer when there's a surplus or remaining debt. This explanation should clearly detail the calculations on how the surplus or deficiency was determined, and other relevant financial data. The debtor can request this explanation, and the secured party must respond within 14 days. If a debtor requests more than one explanation in six months, the secured party can charge up to $25 for additional responses over one. Small errors in the explanation don't invalidate it, as long as they're not significantly misleading.

(a)CA Commercial Law Code § 9616(a) In this section:
(1)CA Commercial Law Code § 9616(a)(1) “Explanation” means a record that contains all of the following:
(A)CA Commercial Law Code § 9616(a)(1)(A) States the amount of the surplus or deficiency.
(B)CA Commercial Law Code § 9616(a)(1)(B) Provides an explanation in accordance with subdivision (c) of how the secured party calculated the surplus or deficiency.
(C)CA Commercial Law Code § 9616(a)(1)(C) States, if applicable, that future debits, credits, charges, including additional credit service charges or interest, rebates, and expenses may affect the amount of the surplus or deficiency.
(D)CA Commercial Law Code § 9616(a)(1)(D) Provides a telephone number or mailing address from which additional information concerning the transaction is available.
(2)CA Commercial Law Code § 9616(a)(2) “Request” means a record that is all of the following:
(A)CA Commercial Law Code § 9616(a)(2)(A) Signed by a debtor or consumer obligor.
(B)CA Commercial Law Code § 9616(a)(2)(B) Requesting that the recipient provide an explanation.
(C)CA Commercial Law Code § 9616(a)(2)(C) Sent after disposition of the collateral under Section 9610.
(b)CA Commercial Law Code § 9616(b) In a consumer-goods transaction in which the debtor is entitled to a surplus or a consumer obligor is liable for a deficiency under Section 9615, the secured party shall do either of the following:
(1)CA Commercial Law Code § 9616(b)(1) Send an explanation to the debtor or consumer obligor, as applicable, after the disposition and in accordance with both of the following:
(A)CA Commercial Law Code § 9616(b)(1)(A) Before or when the secured party accounts to the debtor and pays any surplus or first makes demand in a record on the consumer obligor after the disposition for payment of the deficiency.
(B)CA Commercial Law Code § 9616(b)(1)(B) Within 14 days after receipt of a request.
(2)CA Commercial Law Code § 9616(b)(2) In the case of a consumer obligor who is liable for a deficiency, within 14 days after receipt of a request, send to the consumer obligor a record waiving the secured party’s right to a deficiency.
(c)CA Commercial Law Code § 9616(c) To comply with subparagraph (B) of paragraph (1) of subdivision (a), an explanation must provide the following information in the following order:
(1)CA Commercial Law Code § 9616(c)(1) The aggregate amount of obligations secured by the security interest under which the disposition was made, and, if the amount reflects a rebate of unearned interest or credit service charge, an indication of that fact, calculated as of a specified date in accordance with either of the following:
(A)CA Commercial Law Code § 9616(c)(1)(A) If the secured party takes or receives possession of the collateral after default, not more than 35 days before the secured party takes or receives possession.
(B)CA Commercial Law Code § 9616(c)(1)(B) If the secured party takes or receives possession of the collateral before default or does not take possession of the collateral, not more than 35 days before the disposition.
(2)CA Commercial Law Code § 9616(c)(2) The amount of proceeds of the disposition.
(3)CA Commercial Law Code § 9616(c)(3) The aggregate amount of the obligations after deducting the amount of proceeds.
(4)CA Commercial Law Code § 9616(c)(4) The amount, in the aggregate or by type, and types of expenses, including expenses of retaking, holding, preparing for disposition, processing, and disposing of the collateral, and attorney’s fees secured by the collateral which are known to the secured party and relate to the current disposition.
(5)CA Commercial Law Code § 9616(c)(5) The amount, in the aggregate or by type, and types of credits, including rebates of interest or credit service charges, to which the obligor is known to be entitled and which are not reflected in the amount in paragraph (1).
(6)CA Commercial Law Code § 9616(c)(6) The amount of the surplus or deficiency.
(d)CA Commercial Law Code § 9616(d) A particular phrasing of the explanation is not required. An explanation complying substantially with the requirements of subdivision (a) is sufficient, even if it includes minor errors that are not seriously misleading.
(e)CA Commercial Law Code § 9616(e) A debtor or consumer obligor is entitled without charge to one response to a request under this section during any six-month period in which the secured party did not send to the debtor or consumer obligor an explanation pursuant to paragraph (1) of subdivision (b). The secured party may require payment of a charge not exceeding twenty-five dollars ($25) for each additional response.

Section § 9617

Explanation

This law explains what happens when a secured party sells or disposes of a debtor's property, known as collateral, after the debtor fails to meet their obligations. When this happens, the buyer receives all the debtor's rights in the property and all previous claims or interests (like loans or liens) tied to it are wiped out. If the buyer acts honestly, they won't be affected by any issues the secured party might have with meeting legal requirements. However, if the buyer doesn't qualify for this protection, they inherit all existing claims or interests in the property along with the debtor's rights.

(a)CA Commercial Law Code § 9617(a) A secured party’s disposition of collateral after default does all of the following:
(1)CA Commercial Law Code § 9617(a)(1) Transfers to a transferee for value all of the debtor’s rights in the collateral.
(2)CA Commercial Law Code § 9617(a)(2) Discharges the security interest under which the disposition is made.
(3)CA Commercial Law Code § 9617(a)(3) Discharges any subordinate security interest or other subordinate lien.
(b)CA Commercial Law Code § 9617(b) A transferee that acts in good faith takes free of the rights and interests described in subdivision (a), even if the secured party fails to comply with this division or the requirements of any judicial proceeding.
(c)CA Commercial Law Code § 9617(c) If a transferee does not take free of the rights and interests described in subdivision (a), the transferee takes the collateral subject to all of the following:
(1)CA Commercial Law Code § 9617(c)(1) The debtor’s rights in the collateral.
(2)CA Commercial Law Code § 9617(c)(2) The security interest or agricultural lien under which the disposition is made.
(3)CA Commercial Law Code § 9617(c)(3) Any other security interest or other lien.

Section § 9618

Explanation

If someone who is secondarily liable (a "secondary obligor") on a debt takes over the responsibilities of the party holding the security interest (the "secured party"), this can happen in a few ways. First, the secondary obligor might get the debt assigned to them. Second, they might receive the collateral securing the debt and agree to take on the secured party's rights and duties. Third, they might legally step into the secured party's shoes regarding the collateral, a process known as subrogation. Once this happens, it's important to note a couple of things: it's not considered selling off the collateral, and the original secured party no longer has obligations under this part of the law.

(a)CA Commercial Law Code § 9618(a) A secondary obligor acquires the rights and becomes obligated to perform the duties of the secured party after any of the following occurs:
(1)CA Commercial Law Code § 9618(a)(1) The secondary obligor receives an assignment of a secured obligation from the secured party.
(2)CA Commercial Law Code § 9618(a)(2) The secondary obligor receives a transfer of collateral from the secured party and agrees to accept the rights and assume the duties of the secured party.
(3)CA Commercial Law Code § 9618(a)(3) The secondary obligor is subrogated to the rights of a secured party with respect to collateral.
(b)CA Commercial Law Code § 9618(b) Both of the following rules apply with respect to an assignment, transfer, or subrogation described in subdivision (a):
(1)CA Commercial Law Code § 9618(b)(1) It is not a disposition of collateral under Section 9610.
(2)CA Commercial Law Code § 9618(b)(2) It relieves the secured party of further duties under this division.

Section § 9619

Explanation

This section explains what a 'transfer statement' is in the context of secured transactions. It's a document signed by a lender (secured party) stating that the borrower (debtor) has failed to meet their obligation. As a result, the lender has taken action to reclaim collateral and transferred the debtor's rights to someone else (transferee). This document must include names and addresses of all involved. When filed, it allows the transferee to officially take over the debtor's rights in the specified collateral, and the office responsible must update records accordingly. However, transferring title does not mean the collateral is being disposed of, nor does it relieve the lender of responsibilities.

(a)CA Commercial Law Code § 9619(a) In this section, “transfer statement” means a record signed by a secured party stating all of the following:
(1)CA Commercial Law Code § 9619(a)(1) That the debtor has defaulted in connection with an obligation secured by specified collateral.
(2)CA Commercial Law Code § 9619(a)(2) That the secured party has exercised its postdefault remedies with respect to the collateral.
(3)CA Commercial Law Code § 9619(a)(3) That, by reason of the exercise, a transferee has acquired the rights of the debtor in the collateral.
(4)CA Commercial Law Code § 9619(a)(4) The name and mailing address of the secured party, debtor, and transferee.
(b)CA Commercial Law Code § 9619(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)CA Commercial Law Code § 9619(b)(1) Accept the transfer statement.
(2)CA Commercial Law Code § 9619(b)(2) Promptly amend its records to reflect the transfer.
(3)CA Commercial Law Code § 9619(b)(3) If applicable, issue a new appropriate certificate of title in the name of the transferee.
(c)CA Commercial Law Code § 9619(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.

Section § 9620

Explanation

This section explains under what conditions a lender (secured party) can take an item (collateral) to satisfy a debt, either fully or partially. The borrower (debtor) must agree to this, and others with an interest can't object within certain timeframes. If the item is a consumer good, the borrower shouldn't have it when they agree. Collaterals must be disposed of properly if these conditions aren't satisfied, especially if a significant payment portion (60%) has already been made. In consumer transactions, collateral can't be used to partially satisfy a debt.

(a)CA Commercial Law Code § 9620(a) Except as otherwise provided in subdivision (g), a secured party may accept collateral in full or partial satisfaction of the obligation it secures only if all of the following conditions are satisfied:
(1)CA Commercial Law Code § 9620(a)(1) The debtor consents to the acceptance under subdivision (c).
(2)CA Commercial Law Code § 9620(a)(2) The secured party does not receive, within the time set forth in subdivision (d), a notification of objection to the proposal signed by either of the following:
(A)CA Commercial Law Code § 9620(a)(2)(A) A person to which the secured party was required to send a proposal under Section 9621.
(B)CA Commercial Law Code § 9620(a)(2)(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.
(3)CA Commercial Law Code § 9620(a)(3) If the collateral is consumer goods, the collateral is not in the possession of the debtor when the debtor consents to the acceptance.
(4)CA Commercial Law Code § 9620(a)(4) Subdivision (e) does not require the secured party to dispose of the collateral or the debtor waives the requirement pursuant to Section 9624.
(b)CA Commercial Law Code § 9620(b) A purported or apparent acceptance of collateral under this section is ineffective unless both of the following conditions are satisfied:
(1)CA Commercial Law Code § 9620(b)(1) The secured party consents to the acceptance in a signed record or sends a proposal to the debtor.
(2)CA Commercial Law Code § 9620(b)(2) The conditions of subdivision (a) are met.
(c)CA Commercial Law Code § 9620(c) For purposes of this section both of the following rules apply:
(1)CA Commercial Law Code § 9620(c)(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 signed after default.
(2)CA Commercial Law Code § 9620(c)(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 signed after default or the secured party does all of the following:
(A)CA Commercial Law Code § 9620(c)(2)(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)CA Commercial Law Code § 9620(c)(2)(B) In the proposal, proposes to accept collateral in full satisfaction of the obligation it secures.
(C)CA Commercial Law Code § 9620(c)(2)(C) Does not receive a notification of objection signed by the debtor within 20 days after the proposal is sent.
(d)CA Commercial Law Code § 9620(d) To be effective under paragraph (2) of subdivision (a), a notification of objection must be received by the secured party as follows:
(1)CA Commercial Law Code § 9620(d)(1) In the case of a person to which the proposal was sent pursuant to Section 9621, within 20 days after notification was sent to that person.
(2)CA Commercial Law Code § 9620(d)(2) In other cases, in accordance with either of the following:
(A)CA Commercial Law Code § 9620(d)(2)(A) Within 20 days after the last notification was sent pursuant to Section 9621.
(B)CA Commercial Law Code § 9620(d)(2)(B) If a notification was not sent, before the debtor consents to the acceptance under subdivision (c).
(e)CA Commercial Law Code § 9620(e) A secured party that has taken possession of collateral shall dispose of the collateral pursuant to Section 9610 within the time specified in subdivision (f) if either of the following conditions has been satisfied:
(1)CA Commercial Law Code § 9620(e)(1) Sixty percent of the cash price has been paid in the case of a purchase money security interest in consumer goods.
(2)CA Commercial Law Code § 9620(e)(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)CA Commercial Law Code § 9620(f) To comply with subdivision (e), the secured party shall dispose of the collateral within either of the following time periods:
(1)CA Commercial Law Code § 9620(f)(1) Within 90 days after taking possession.
(2)CA Commercial Law Code § 9620(f)(2) Within any longer period to which the debtor and all secondary obligors have agreed in an agreement to that effect entered into and signed after default.
(g)CA Commercial Law Code § 9620(g) In a consumer transaction, a secured party may not accept collateral in partial satisfaction of the obligation it secures.

Section § 9621

Explanation

This law section explains what a secured party must do if it wants to take ownership of collateral in place of full or partial payment of a debt. The secured party has to notify certain people involved. First, they need to inform anyone who has previously claimed an interest in the collateral. Then, they must notify other secured parties or lienholders who had a registered interest 10 days before the debtor agreed to the arrangement. If they want only partial satisfaction, they must also notify any secondary guarantors involved.

(a)CA Commercial Law Code § 9621(a) A secured party that desires to accept collateral in full or partial satisfaction of the obligation it secures shall send its proposal to all of the following persons:
(1)CA Commercial Law Code § 9621(a)(1) Any person from which the secured party has received, before the debtor consented to the acceptance, a signed notification of a claim of an interest in the collateral.
(2)CA Commercial Law Code § 9621(a)(2) Any other secured party or lienholder that, 10 days before the debtor consented to the acceptance, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that satisfied all of the following conditions:
(A)CA Commercial Law Code § 9621(a)(2)(A) It identified the collateral.
(B)CA Commercial Law Code § 9621(a)(2)(B) It was indexed under the debtor’s name as of that date.
(C)CA Commercial Law Code § 9621(a)(2)(C) It was filed in the office or offices in which to file a financing statement against the debtor covering the collateral as of that date.
(3)CA Commercial Law Code § 9621(a)(3) Any other secured party that, 10 days before the debtor consented to the acceptance, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in subdivision (a) of Section 9311.
(b)CA Commercial Law Code § 9621(b) A secured party that desires to accept collateral in partial satisfaction of the obligation it secures shall send its proposal to any secondary obligor in addition to the persons described in subdivision (a).

Section § 9622

Explanation

If a lender agrees to take property (collateral) as payment for a debt, it does a few things: It clears part or all of the debt as agreed with the borrower, gives the lender rights to the property, and eliminates any other claims or liens on that property. Even if the lender doesn't follow all the rules perfectly, those other claims still get wiped out.

(a)CA Commercial Law Code § 9622(a) A secured party’s acceptance of collateral in full or partial satisfaction of the obligation it secures does all of the following:
(1)CA Commercial Law Code § 9622(a)(1) It discharges the obligation to the extent consented to by the debtor.
(2)CA Commercial Law Code § 9622(a)(2) It transfers to the secured party all of a debtor’s rights in the collateral.
(3)CA Commercial Law Code § 9622(a)(3) It discharges the security interest or agricultural lien that is the subject of the debtor’s consent and any subordinate security interest or other subordinate lien.
(4)CA Commercial Law Code § 9622(a)(4) It terminates any other subordinate interest.
(b)CA Commercial Law Code § 9622(b) A subordinate interest is discharged or terminated under subdivision (a), even if the secured party fails to comply with this division.

Section § 9623

Explanation

If you owe money and have given something as security, like collateral, you can get it back by following certain steps. To redeem, you need to pay off the total debt and cover some related costs. However, you need to do this before the lender collects, sells, or keeps the item as payment.

(a)CA Commercial Law Code § 9623(a) A debtor, any secondary obligor, or any other secured party or lienholder may redeem collateral.
(b)CA Commercial Law Code § 9623(b) To redeem collateral, a person shall tender both of the following:
(1)CA Commercial Law Code § 9623(b)(1) Fulfillment of all obligations secured by the collateral.
(2)CA Commercial Law Code § 9623(b)(2) The reasonable expenses and attorney’s fees described in paragraph (1) of subdivision (a) of Section 9615.
(c)CA Commercial Law Code § 9623(c) A redemption may occur at any time before a secured party has done any of the following:
(1)CA Commercial Law Code § 9623(c)(1) Collected collateral under Section 9607.
(2)CA Commercial Law Code § 9623(c)(2) Disposed of collateral or entered into a contract for its disposition under Section 9610.
(3)CA Commercial Law Code § 9623(c)(3) Accepted collateral in full or partial satisfaction of the obligation it secures under Section 9622.

Section § 9624

Explanation

This law explains that if someone who owes money or guarantees a debt (a debtor or secondary obligor) wants to give up certain rights related to collateral (property used to secure the debt), they can only do so after they have defaulted, meaning they failed to meet their debt obligations. Specifically, they can sign away their right to be notified about what happens to the collateral, and in most cases, they can also waive the right to demand the collateral be sold or take back the collateral, but this doesn’t apply to personal-use goods.

(a)CA Commercial Law Code § 9624(a) A debtor or secondary obligor may waive the right to notification of disposition of collateral under Section 9611 only by an agreement to that effect entered into and signed after default.
(b)CA Commercial Law Code § 9624(b) A debtor may waive the right to require disposition of collateral under subdivision (e) of Section 9620 only by an agreement to that effect entered into and signed after default.
(c)CA Commercial Law Code § 9624(c) Except in a consumer-goods transaction, a debtor or secondary obligor may waive the right to redeem collateral under Section 9623 only by an agreement to that effect entered into and signed after default.

Section § 9625

Explanation

This section addresses what happens if a person fails to follow certain rules when dealing with collateral (assets used as security for a loan). If a secured party, like a lender, does not follow the rules, a court can step in to halt their actions. People affected by a rule violation can claim damages for any financial loss they suffer, including extra costs from not being able to get another loan. Debtors may get additional compensation of $500 for specific failures to comply with certain sections, such as not filing necessary statements or failing to respond to requests about the collateral. If a secured party does not comply with requests for collateral details, they can only claim interest in what's shown in a misled person's requested list.

(a)CA Commercial Law Code § 9625(a) If it is established that a secured party is not proceeding in accordance with this division, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions.
(b)CA Commercial Law Code § 9625(b) Subject to subdivisions (c), (d), and (f), a person is liable for damages in the amount of any loss caused by a failure to comply with this division. Loss caused by a failure to comply may include loss resulting from the debtor’s inability to obtain, or increased costs of, alternative financing.
(c)CA Commercial Law Code § 9625(c) Except as otherwise provided in Section 9628, a person that, at the time of the failure, was a debtor, was an obligor, or held a security interest in or other lien on the collateral may recover damages under subdivision (b) for its loss.
(d)CA Commercial Law Code § 9625(d) A debtor whose deficiency is eliminated under Section 9626 may recover damages for the loss of any surplus. However, in a transaction other than a consumer transaction, a debtor or secondary obligor whose deficiency is eliminated or reduced under Section 9626 may not otherwise recover under subdivision (b) for noncompliance with the provisions of this chapter relating to collection, enforcement, disposition, or acceptance.
(e)CA Commercial Law Code § 9625(e) In addition to any damages recoverable under subdivision (b), the debtor, consumer obligor, or person named as a debtor in a filed record, as applicable, may recover five hundred dollars ($500) in each case from any of the following persons:
(1)CA Commercial Law Code § 9625(e)(1) A person that fails to comply with Section 9208.
(2)CA Commercial Law Code § 9625(e)(2) A person that fails to comply with Section 9209.
(3)CA Commercial Law Code § 9625(e)(3) A person that files a record that the person is not entitled to file under subdivision (a) of Section 9509.
(4)CA Commercial Law Code § 9625(e)(4) A person that fails to cause the secured party of record to file or send a termination statement as required by subdivision (a) or (c) of Section 9513.
(5)CA Commercial Law Code § 9625(e)(5) A person that fails to comply with paragraph (1) of subdivision (b) of Section 9616 and whose failure is part of a pattern, or consistent with a practice, of noncompliance.
(6)CA Commercial Law Code § 9625(e)(6) A person that fails to comply with paragraph (2) of subdivision (b) of Section 9616.
(f)CA Commercial Law Code § 9625(f) A debtor or consumer obligor may recover damages under subdivision (b) and, in addition, five hundred dollars ($500) in each case from a person that, without reasonable cause, fails to comply with a request under Section 9210. A recipient of a request under Section 9210 which never claimed an interest in the collateral or obligations that are the subject of a request under that section has a reasonable excuse for failure to comply with the request within the meaning of this subdivision.
(g)CA Commercial Law Code § 9625(g) If a secured party fails to comply with a request regarding a list of collateral or a statement of account under Section 9210, the secured party may claim a security interest only as shown in the list or statement included in the request as against a person that is reasonably misled by the failure.

Section § 9626

Explanation

This section outlines the rules for handling disputes over financial shortfalls or excesses from sales or actions involving collateral used to secure a loan. For non-consumer cases, a lender doesn't need to show they followed required procedures unless questioned by the borrower. If questioned, the lender must prove they followed the rules. If they fail to prove this, the borrower might owe less money. In consumer transactions, the lender must always show they followed the rules. For a borrower to owe money after selling collateral, certain conditions must be met, such as being notified about the sale and the sale being fair. If found not owing, the borrower isn't responsible for any shortfall. Lenders must also fairly handle any leftover money from collateral sales.

(a)CA Commercial Law Code § 9626(a) In an action arising from a transaction, other than a consumer transaction, in which the amount of a deficiency or surplus is in issue, the following rules apply:
(1)CA Commercial Law Code § 9626(a)(1) A secured party need not prove compliance with the provisions of this chapter relating to collection, enforcement, disposition, or acceptance unless the debtor or a secondary obligor places the secured party’s compliance in issue.
(2)CA Commercial Law Code § 9626(a)(2) If the secured party’s compliance is placed in issue, the secured party has the burden of establishing that the collection, enforcement, disposition, or acceptance was conducted in accordance with this chapter.
(3)CA Commercial Law Code § 9626(a)(3) Except as otherwise provided in Section 9628, if a secured party fails to prove that the collection, enforcement, disposition, or acceptance was conducted in accordance with the provisions of this chapter relating to collection, enforcement, disposition, or acceptance, the liability of a debtor or a secondary obligor for a deficiency is limited to an amount by which the sum of the secured obligation, expenses, and attorney’s fees exceeds the greater of either of the following:
(A)CA Commercial Law Code § 9626(a)(3)(A) The proceeds of the collection, enforcement, disposition, or acceptance.
(B)CA Commercial Law Code § 9626(a)(3)(B) The amount of proceeds that would have been realized had the noncomplying secured party proceeded in accordance with the provisions of this chapter relating to collection, enforcement, disposition, or acceptance.
(4)CA Commercial Law Code § 9626(a)(4) For purposes of subparagraph (B) of paragraph (3), the amount of proceeds that would have been realized is equal to the sum of the secured obligation, expenses, and attorney’s fees unless the secured party proves that the amount is less than that sum.
(5)CA Commercial Law Code § 9626(a)(5) If a deficiency or surplus is calculated under subdivision (f) of Section 9615, the debtor or obligor has the burden of establishing that the amount of proceeds of the disposition is significantly below the range of prices that a complying disposition to a person other than the secured party, a person related to the secured party, or a secondary obligor would have brought.
(b)CA Commercial Law Code § 9626(b) In a consumer transaction, the following rules apply:
(1)CA Commercial Law Code § 9626(b)(1) In an action in which a deficiency or a surplus is an issue:
(A)CA Commercial Law Code § 9626(b)(1)(A) A secured party has the burden of proving compliance with the provisions of this chapter relating to collection, enforcement, disposition, and acceptance whether or not the debtor or a secondary obligor places the secured party’s compliance in issue.
(B)CA Commercial Law Code § 9626(b)(1)(B) If a deficiency or surplus is calculated under subdivision (f) of Section 9615, the secured party has the burden of establishing that the amount of proceeds of the disposition is not significantly below the range of prices that a complying disposition to a person other than the secured party, a person related to the secured party, or a secondary obligor would have brought.
(2)CA Commercial Law Code § 9626(b)(2) The debtor or any secondary obligor is liable for any deficiency only if all of the following conditions are met:
(A)CA Commercial Law Code § 9626(b)(2)(A) It is not otherwise agreed or otherwise provided in the Retail Installment Sales Act (Chapter 1 (commencing with Section 1801), Title 2, Part 4, Division 3, Civil Code), and, in particular, Section 1812.5 of the Civil Code or any other statute.
(B)CA Commercial Law Code § 9626(b)(2)(B) The debtor and obligor were given notice, in accordance with Sections 9611, 9612, and 9613, or Section 9614, as applicable, of the disposition of the collateral.
(C)CA Commercial Law Code § 9626(b)(2)(C) The collection, enforcement, disposition, and acceptance by the secured party were conducted in good faith and in a commercially reasonable manner.
(3)CA Commercial Law Code § 9626(b)(3) Upon entry of a final judgment that the debtor or obligor is not liable for a deficiency by reason of paragraph (2) or subdivision (f) of Section 9615, the secured party may neither obtain a deficiency judgment nor retain a security interest in any other collateral of the debtor or obligor that secured the indebtedness for which the debtor or obligor is no longer liable.
(4)CA Commercial Law Code § 9626(b)(4) If, subsequent to a disposition that does not satisfy any one or more of the conditions set forth in paragraph (2), or subsequent to a disposition that is subject to subdivision (f) of Section 9615, the secured party disposes pursuant to this section of other collateral securing the same indebtedness, the debtor or obligor may, to the extent he or she is no longer liable for a deficiency judgment by reason of paragraph (2) or subdivision (f) of Section 9615, recover the proceeds realized from the subsequent dispositions, as well as any damages to which the debtor may be entitled if the subsequent disposition is itself noncomplying or otherwise wrongful.
(5)CA Commercial Law Code § 9626(b)(5) Nothing herein shall deprive the debtor of any right to recover damages from the secured party under subdivision (b) of Section 9625, or to offset any such damages against any claim by the secured party for a deficiency, or of any right or remedy to which the debtor may be entitled under any other law. A debtor or obligor in a consumer transaction shall not have any damages owed to it reduced by the amount of any deficiency that would have resulted had the disposition of the collateral by the secured party been conducted in conformity with this division.
(6)CA Commercial Law Code § 9626(b)(6) The secured party shall account to the debtor for any surplus, except as provided in Section 701.040 of the Code of Civil Procedure.

Section § 9627

Explanation

This law explains how a secured party's actions to collect, enforce, dispose of, or accept collateral are considered commercially reasonable. It states that even if more money could have been made by doing things differently, that alone doesn't mean the chosen method was unreasonable. The process is deemed commercially reasonable if it follows typical market practices, matches current market prices, conforms to industry standards, or has been approved by legal or creditor groups. Approval isn't required, and lack of it doesn't necessarily make the process unreasonable.

(a)CA Commercial Law Code § 9627(a) The fact that a greater amount could have been obtained by a collection, enforcement, disposition, or acceptance at a different time or in a different method from that selected by the secured party is not of itself sufficient to preclude the secured party from establishing that the collection, enforcement, disposition, or acceptance was made in a commercially reasonable manner.
(b)CA Commercial Law Code § 9627(b) A disposition of collateral is made in a commercially reasonable manner if the disposition satisfies any of the following conditions:
(1)CA Commercial Law Code § 9627(b)(1) It is made in the usual manner on any recognized market.
(2)CA Commercial Law Code § 9627(b)(2) It is made at the price current in any recognized market at the time of the disposition.
(3)CA Commercial Law Code § 9627(b)(3) It is made otherwise in conformity with reasonable commercial practices among dealers in the type of property that was the subject of the disposition.
(c)CA Commercial Law Code § 9627(c) A collection, enforcement, disposition, or acceptance is commercially reasonable if it has been approved in or by any of the following:
(1)CA Commercial Law Code § 9627(c)(1) In a judicial proceeding.
(2)CA Commercial Law Code § 9627(c)(2) By a bona fide creditors’ committee.
(3)CA Commercial Law Code § 9627(c)(3) By a representative of creditors.
(4)CA Commercial Law Code § 9627(c)(4) By an assignee for the benefit of creditors.
(d)CA Commercial Law Code § 9627(d) Approval under subdivision (c) need not be obtained, and lack of approval does not mean that the collection, enforcement, disposition, or acceptance is not commercially reasonable.

Section § 9628

Explanation

This law talks about when a secured party (someone who has a claim against property as security for a debt) isn't responsible for not following rules related to that claim. Basically, if the secured party doesn't know who you are, can't identify you, or doesn't know how to reach you, they aren't held responsible for certain errors related to that claim. Even if they make mistakes, the debtor (the person who owes money) still has to pay what they owe. However, if the secured party knows who you are and how to contact you, then they may be liable. Additionally, if a secured party thinks a transaction isn't for consumer goods based on how it was represented by the debtor, the secured party is generally not liable for any mistakes as long as they reasonably believed those representations. There are exceptions where a secured party might still be liable, especially if they have full control over certain kinds of electronic collateral and know specific information wasn't provided by the collateral.

(a)CA Commercial Law Code § 9628(a) Subject to subdivision (e), unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person both of the following rules apply:
(1)CA Commercial Law Code § 9628(a)(1) The secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this division.
(2)CA Commercial Law Code § 9628(a)(2) The secured party’s failure to comply with this division does not affect the liability of the person for a deficiency.
(b)CA Commercial Law Code § 9628(b) Subject to subdivision (e), a secured party is not liable because of its status as secured party to either of the following persons:
(1)CA Commercial Law Code § 9628(b)(1) To a person that is a debtor or obligor, unless the secured party knows all of the following:
(A)CA Commercial Law Code § 9628(b)(1)(A) That the person is a debtor or obligor.
(B)CA Commercial Law Code § 9628(b)(1)(B) The identity of the person.
(C)CA Commercial Law Code § 9628(b)(1)(C) How to communicate with the person.
(2)CA Commercial Law Code § 9628(b)(2) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows both of the following:
(A)CA Commercial Law Code § 9628(b)(2)(A) That the person is a debtor.
(B)CA Commercial Law Code § 9628(b)(2)(B) The identity of the person.
(c)CA Commercial Law Code § 9628(c) A secured party is not liable to any person, and a person’s liability for a deficiency is not affected, because of any act or omission arising out of the secured party’s reasonable belief that a transaction is not a consumer-goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party’s belief is based on its reasonable reliance on either of the following representations:
(1)CA Commercial Law Code § 9628(c)(1) A debtor’s representation concerning the purpose for which collateral was to be used, acquired, or held.
(2)CA Commercial Law Code § 9628(c)(2) An obligor’s representation concerning the purpose for which a secured obligation was incurred.
(d)CA Commercial Law Code § 9628(d) A secured party is not liable under paragraph (2) of subdivision (c) of Section 9625 more than once with respect to any one secured obligation.
(e)CA Commercial Law Code § 9628(e) Subdivisions (a) and (b) do not apply to limit the liability of a secured party to a person if, at the time the secured party obtains control of collateral that is a controllable account, controllable electronic record, or controllable payment intangible or at the time the security interest attaches to the collateral, whichever is later, both of the following conditions are satisfied:
(1)CA Commercial Law Code § 9628(e)(1) The person is a debtor or obligor.
(2)CA Commercial Law Code § 9628(e)(2) The secured party knows that the information in subparagraph (A), (B), or (C) of paragraph (1) of subdivision (b) relating to the person is not provided by the collateral, a record attached to or logically associated with the collateral, or the system in which the collateral is recorded.

Section § 9629

Explanation

This law says that if a person owing money (the debtor) gives up or changes any of their rights regarding consumer goods, it won't count or be enforced unless they're getting something in return. Specifically, the person or company they're paying money to (the secured party) must agree not to try to collect any remaining debt if the goods don’t cover what the debtor owes.

No renunciation or modification by the debtor of any of his or her rights under this chapter as to consumer goods shall be valid or enforceable unless the renunciation or modification is in consideration of a waiver by the secured party of any right to a deficiency on the debt.