Maryland Statutes
Subtitle 6 - Default
Section 9-620 - Acceptance of Collateral in Full or Partial Satisfaction of Obligation; Compulsory Disposition of Collateral

(a)    Except as otherwise provided in subsection (g), a secured party may accept collateral in full or partial satisfaction of the obligation it secures only if:
        (1)    The debtor consents to the acceptance under subsection (c);
        (2)    The secured party does not receive, within the time set forth in subsection (d), a notification of objection to the proposal authenticated by:
            (A)    A person to which the secured party was required to send a proposal under § 9-621; or
            (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)    If the collateral is consumer goods, the collateral is not in the possession of the debtor when the debtor consents to the acceptance; and
        (4)    Subsection (e) does not require the secured party to dispose of the collateral or the debtor waives the requirement pursuant to § 9-624.
    (b)    A purported or apparent acceptance of collateral under this section is ineffective unless:
        (1)    The secured party consents to the acceptance in an authenticated record or sends a proposal to the debtor; and
        (2)    The conditions of subsection (a) are met.
    (c)    For purposes of this section:
        (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 authenticated after default; and
        (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 authenticated after default or the secured party:
            (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)    In the proposal, proposes to accept collateral in full satisfaction of the obligation it secures; and
            (C)    Does not receive a notification of objection authenticated by the debtor within 20 days after the proposal is sent.
    (d)    To be effective under subsection (a)(2), a notification of objection must be received by the secured party:
        (1)    In the case of a person to which the proposal was sent pursuant to § 9-621, within 20 days after notification was sent to that person; and
        (2)    In other cases:
            (A)    Within 20 days after the last notification was sent pursuant to § 9-621; or
            (B)    If a notification was not sent, before the debtor consents to the acceptance under subsection (c).
    (e)    A secured party that has taken possession of collateral shall dispose of the collateral pursuant to § 9-610 within the time specified in subsection (f) if:
        (1)    60 percent of the cash price has been paid in the case of a purchase-money security interest in consumer goods; or
        (2)    60 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)    To comply with subsection (e), the secured party shall dispose of the collateral:
        (1)    Within 90 days after taking possession; or
        (2)    Within any longer period to which the debtor and all secondary obligors have agreed in an agreement to that effect entered into and authenticated after default.
    (g)    In a consumer transaction, a secured party may not accept collateral in partial satisfaction of the obligation it secures.

Structure Maryland Statutes

Maryland Statutes

Commercial Law

Title 9 - Secured Transactions

Subtitle 6 - Default

Section 9-601 - Rights After Default; Judicial Enforcement; Consignor or Buyer of Accounts, Chattel Paper, Payment Intangibles, or Promissory Notes

Section 9-602 - Waiver and Variance of Rights and Duties

Section 9-603 - Agreement on Standards Concerning Rights and Duties

Section 9-604 - Procedure if Security Agreement Covers Real Property or Fixtures

Section 9-605 - Unknown Debtor or Secondary Obligor

Section 9-606 - Time of Default for Agricultural Lien

Section 9-607 - Collection and Enforcement by Secured Party

Section 9-608 - Application of Proceeds of Collection or Enforcement; Liability for Deficiency and Right to Surplus

Section 9-609 - Secured Party's Right to Take Possession After Default

Section 9-610 - Disposition of Collateral After Default

Section 9-611 - Notification Before Disposition of Collateral

Section 9-612 - Timeliness of Notification Before Disposition of Collateral

Section 9-613 - Contents and Form of Notification Before Disposition of Collateral: General

Section 9-614 - Contents and Form of Notification Before Disposition of Collateral: Consumer-Goods Transaction

Section 9-615 - Application of Proceeds of Disposition; Liability for Deficiency and Right to Surplus

Section 9-616 - Explanation of Calculation of Surplus or Deficiency

Section 9-617 - Rights of Transferee of Collateral

Section 9-618 - Rights and Duties of Certain Secondary Obligors

Section 9-619 - Transfer of Record or Legal Title

Section 9-620 - Acceptance of Collateral in Full or Partial Satisfaction of Obligation; Compulsory Disposition of Collateral

Section 9-621 - Notification of Proposal to Accept Collateral

Section 9-622 - Effect of Acceptance of Collateral

Section 9-623 - Right to Redeem Collateral

Section 9-624 - Waiver

Section 9-625 - Remedies for Secured Party's Failure to Comply With Title

Section 9-626 - Action in Which Deficiency or Surplus Is in Issue

Section 9-627 - Determination of Whether Conduct Was Commercially Reasonable

Section 9-628 - Nonliability and Limitation on Liability of Secured Party; Liability of Secondary Obligor