(a) A debtor or secondary obligor may waive the right to notification of disposition of collateral under Section 55-9-611 NMSA 1978 only by an agreement to that effect entered into and authenticated after default.
(b) A debtor may waive the right to require disposition of collateral under Subsection (e) of Section 55-9-620 NMSA 1978 only by an agreement to that effect entered into and authenticated after default.
(c) Except in a consumer-goods transaction, a debtor or secondary obligor may waive the right to redeem collateral under Section 55-9-623 NMSA 1978 only by an agreement to that effect entered into and authenticated after default.
History: 1978 Comp., § 55-9-624, enacted by Laws 2001, ch. 139, § 121.
OFFICIAL COMMENTS
UCC Official Comments by ALI & the NCCUSL. Reproduced with permission of the PEB for the UCC. All rights reserved.
1. Source. Former Sections 9-504(3), 9-505, 9-506 [55-9-50455-9-505, 55-9-506 NMSA 1978, respectively].
2. Waiver. This section is a limited exception to Section 9-602 [55-9-602 NMSA 1978], which generally prohibits waiver by debtors and obligors. It makes no provision for waiver of the rule prohibiting a secured party from buying at its own private disposition. Transactions of this kind are equivalent to "strict foreclosures" and are governed by Sections 9-620, 9-621, and 9-622 [55-9-620, 55-9-621, 55-9-622 NMSA 1978, respectively].
Effective dates. — Laws 2001, ch. 139, § 155 makes the act effective July 1, 2001.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 68A Am. Jur. 2d Secured Transactions § 704 et seq.
Rights and duties of parties to conditional sales contract as to resale of repossessed property, 49 A.L.R.2d 15.
Construction and operation of U.C.C. § 9-505(2) authorizing secured party in possession of collateral to retain it in satisfaction of obligation, 55 A.L.R.3d 651.
Loss or modification of right to notification of sale of repossessed collateral under Uniform Commercial Code § 9-504, 9 A.L.R.4th 552.
79 C.J.S. Secured Transactions § 179.
Structure 2021 New Mexico Statutes
Chapter 55 - Uniform Commercial Code
Article 9 - Secured Transactions
Subpart 1 - DEFAULT AND ENFORCEMENT OFSECURITY INTEREST
Section 55-9-602 - Waiver and variance of rights and duties.
Section 55-9-603 - Agreement on standards concerning rights and duties.
Section 55-9-604 - Procedure if security agreement covers real property or fixtures.
Section 55-9-605 - Unknown debtor or secondary obligor.
Section 55-9-606 - Time of default for agricultural lien.
Section 55-9-607 - Collection and enforcement by secured party.
Section 55-9-609 - Secured party's right to take possession after default.
Section 55-9-610 - Disposition of collateral after default.
Section 55-9-611 - Notification before disposition of collateral.
Section 55-9-612 - Timeliness of notification before disposition of collateral.
Section 55-9-613 - Contents and form of notification before disposition of collateral; general.
Section 55-9-616 - Explanation of calculation of surplus or deficiency.
Section 55-9-617 - Rights of transferee of collateral.
Section 55-9-618 - Rights and duties of certain secondary obligors.
Section 55-9-619 - Transfer of record or legal title.
Section 55-9-621 - Notification of proposal to accept collateral.
Section 55-9-622 - Effect of acceptance of collateral.