Massachusetts General Laws
Article 9 - Secured Transactions
Section 9-207 - Rights and Duties of Secured Party Having Possession or Control of Collateral

Section 9–207. (a) Duty of care when secured party in possession. Except as otherwise provided in subsection (d), a secured party shall use reasonable care in the custody and preservation of collateral in the secured party's possession. In the case of chattel paper or an instrument, reasonable care includes taking necessary steps to preserve rights against prior parties unless otherwise agreed.
(b) Expenses, risks, duties, and rights when secured party in possession. Except as otherwise provided in subsection (d), if a secured party has possession of collateral:
(1) reasonable expenses, including the cost of insurance and payment of taxes or other charges, incurred in the custody, preservation, use, or operation of the collateral are chargeable to the debtor and are secured by the collateral;
(2) the risk of accidental loss or damage is on the debtor to the extent of a deficiency in any effective insurance coverage;
(3) the secured party shall keep the collateral identifiable, but fungible collateral may be commingled; and
(4) the secured party may use or operate the collateral:
(A) for the purpose of preserving the collateral or its value;
(B) as permitted by an order of a court having competent jurisdiction; or
(C) except in the case of consumer goods, in the manner and to the extent agreed by the debtor.
(c) Duties and rights when secured party in possession or control. Except as otherwise provided in subsection (d), a secured party having possession of collateral or control of collateral under Section 9–104, 9–105, 9–106, 9–107 or 7–106:
(1) may hold as additional security any proceeds, except money or funds, received from the collateral;
(2) shall apply money or funds received from the collateral to reduce the secured obligation, unless remitted to the debtor; and
(3) may create a security interest in the collateral.
(d) Buyer of certain rights to payment. If the secured party is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor:
(1) subsection (a) shall not apply unless the secured party is entitled under an agreement:
(A) to charge back uncollected collateral; or
(B) otherwise to full or limited recourse against the debtor or a secondary obligor based on the nonpayment or other default of an account debtor or other obligor on the collateral; and
(2) subsections (b) and (c) shall not apply.

Structure Massachusetts General Laws

Massachusetts General Laws

Part I - Administration of the Government

Title XV - Regulation of Trade

Chapter 106 - Uniform Commercial Code

Article 9 - Secured Transactions

Section 9-338 - Priority of Security Interest or Agricultural Lien Perfected by Filed Financing Statement Providing Certain Incorrect Information

Section 9-403 - Agreement Not to Assert Defenses Against Assignee

Section 9-402 - Secured Party Not Obligated on Contract of Debtor or in Tort

Section 9-401 - Alienability of Debtor's Rights

Section 9-342 - Bank's Right to Refuse to Enter Into or Disclose Existence of Control Agreement

Section 9-341 - Bank's Rights and Duties With Respect to Deposit Account

Section 9-340 - Effectiveness of Right of Recoupment or Set-Off Against Deposit Account

Section 9-337 - Priority of Security Interests in Goods Covered by Certificate of Title

Section 9-332 - Transfer of Money; Transfer of Funds From Deposit Account

Section 9-335 - Accessions

Section 9-334 - Priority of Security Interests in Fixtures and Crops

Section 9-333 - Priority of Certain Liens Arising by Operation of Law

Section 9-404 - Rights Acquired by Assignee; Claims and Defenses Against Assignee

Section 9-331 - Priority of Rights of Purchasers of Instruments, Documents, and Securities Under Other Articles; Priority of Interests in Financial Assets and Security Entitlements Under Article 8

Section 9-330 - Priority of Purchaser of Chattel Paper or Instrument

Section 9-329 - Priority of Security Interests in Letter-of-Credit Right

Section 9-328 - Priority of Security Interests in Investment Property

Section 9-336 - Commingled Goods

Section 9-405 - Modification of Assigned Contract

Section 9-501 - Filing Office

Section 9-407 - Restrictions on Creation or Enforcement of Security Interest in Leasehold Interest or in Lessor's Residual Interest

Section 9-516 - What Constitutes Filing; Effectiveness of Filing

Section 9-515 - Duration and Effectiveness of Financing Statement; Effect of Lapsed Financing Statement

Section 9-514 - Assignment of Powers of Secured Party of Record

Section 9-513 - Termination Statement

Section 9-512 - Amendment of Financing Statement

Section 9-511 - Secured Party of Record

Section 9-510 - Effectiveness of Filed Record

Section 9-509 - Persons Entitled to File a Record

Section 9-508 - Effectiveness of Financing Statement if New Debtor Becomes Bound by Security Agreement

Section 9-507 - Effect of Certain Events on Effectiveness of Financing Statement

Section 9-506 - Effect of Errors or Omissions

Section 9-505 - Filing and Compliance With Other Statutes and Treaties for Consignments, Leases, Other Bailments, and Other Transactions

Section 9-504 - Indication of Collateral

Section 9-503 - Name of Debtor and Secured Party

Section 9-502 - Contents of Financing Statement; Record of Mortgage as Financing Statement; Time of Filing Financing Statement

Section 9-327 - Priority of Security Interests in Deposit Account

Section 9-409 - Restrictions on Assignment of Letter–of–credit Rights Ineffective

Section 9-408 - Restrictions on Assignment of Promissory Notes, Health–care–insurance Receivables, and Certain General Intangibles Ineffective

Section 9-406 - Discharge of Account Debtor; Notification of Assignment; Identification and Proof of Assignment; Restrictions on Assignment of Accounts, Chattel Paper, Payment Intangibles, and Promissory Notes Ineffective

Section 9-326 - Priority of Security Interests Created by New Debtor

Section 9-320 - Buyer of Goods

Section 9-324 - Priority of Purchase-Money Security Interests

Section 9-209 - Duties of Secured Party if Account Debtor Has Been Notified of Assignment

Section 9-208 - Additional Duties of Secured Party Having Control of Collateral

Section 9-207 - Rights and Duties of Secured Party Having Possession or Control of Collateral

Section 9-206 - Security Interest Arising in Purchase or Delivery of Financial Asset

Section 9-205 - Use or Disposition of Collateral Permissible

Section 9-204 - After–acquired Property; Future Advances

Section 9-203 - Attachment and Enforceability of Security Interest; Proceeds; Supporting Obligations; Formal Requisites

Section 9-202 - Title to Collateral Immaterial

Section 9-201 - General Effectiveness of Security Agreement

Section 9-110 - Security Interests Arising Under Article 2 or 2a

Section 9-109 - Scope

Section 9-108 - Sufficiency of Description

Section 9-107 - Control of Letter-of-Credit Right

Section 9-106 - Control of Investment Property

Section 9-105 - Control of Electronic Chattel Paper

Section 9-104 - Control of Deposit Account

Section 9-103 - Purchase-Money Security Interest; Application of Payments; Burden of Establishing

Section 9-102 - Definitions and Index of Definitions

Section 9-101 - Short Title

Section 9-210 - Request for Accounting; Request Regarding List of Collateral or Statement of Account

Section 9-325 - Priority of Security Interests in Transferred Collateral

Section 9-301 - Law Governing Perfection and Priority of Security Interests

Section 9-303 - Law Governing Perfection and Priority of Security Interests in Goods Covered by a Certificate of Title

Section 9-323 - Future Advances

Section 9-322 - Priorities Among Conflicting Security Interests in and Agricultural Liens on Same Collateral

Section 9-321 - License of General Intangible and Lessee of Goods in Ordinary Course of Business

Section 9-319 - Rights and Title of Consignee With Respect to Creditors and Purchasers

Section 9-318 - No Interest Retained in Right to Payment That Is Sold; Rights and Title of Seller of Account or Chattel Paper With Respect to Creditors and Purchasers

Section 9-317 - Interests That Take Priority Over or Take Free of Security Interest or Agricultural Lien

Section 9-316 - Continued Perfection of Security Interest Following Change in Governing Law

Section 9-315 - Secured Party's Rights on Disposition of Collateral and in Proceeds

Section 9-314 - Perfection by Control

Section 9-517 - Effect of Indexing Errors

Section 9-312 - Perfection of Security Interests in Chattel Paper, Deposit Accounts, Documents, Goods Covered by Documents, Instruments, Investment Property, Letter–of–credit Rights, and Money; Perfection by Permissive Filing; Temporary P...

Section 9-311 - Perfection of Security Interests in Property Subject to Certain Statutes, Regulations, and Treaties

Section 9-310 - When Filing Required to Perfect Security Interest or Agricultural Lien; Security Interests and Agricultural Liens to Which Filing Provisions Do Not Apply

Section 9-309 - Security Interest Perfected Upon Attachment

Section 9-308 - When Security Interest or Agricultural Lien Is Perfected; Continuity of Perfection

Section 9-307 - Location of Debtor

Section 9-306 - Law Governing Perfection and Priority of Security Interests in Letter-of-Credit Rights

Section 9-305 - Law Governing Perfection and Priority of Security Interests in Investment Property

Section 9-304 - Law Governing Perfection and Priority of Security Interests in Deposit Accounts

Section 9-302 - Law Governing Perfection and Priority of Agricultural Liens

Section 9-313 - When Possession by or Delivery to Secured Party Perfects Security Interest Without Filing

Section 9-519 - Numbering, Maintaining, and Indexing Records; Communicating Information Provided in Records

Section 9-520 - Acceptance and Refusal to Accept Record

Section 9-623 - Right to Redeem Collateral

Section 9-624 - Waiver

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

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

Section 9-701 - Effective Date

Section 9-702 - Savings Clause

Section 9-703 - Security Interest Perfected Before Effective Date

Section 9-704 - Security Interest Unperfected Before Effective Date

Section 9-705 - Effectiveness of Action Taken Before Effective Date

Section 9-706 - When Initial Financing Statement Suffices to Continue Effectiveness of Financing Statement

Section 9-707 - Amendment of Pre-Effective-Date Financing Statement

Section 9-708 - Persons Entitled to File Initial Financing Statement or Continuation Statement

Section 9-709 - Priority

Section 9-801 - Effective Date

Section 9-802 - Savings Clause

Section 9-803 - Security Interest Perfected Before Effective Date

Section 9-804 - Security Interest Unperfected Before Effective Date

Section 9-805 - Effectiveness of Action Taken Before Effective Date

Section 9-806 - When Initial Financing Statement Suffices to Continue Effectiveness of Financing Statement

Section 9-807 - Amendment of Pre–effective Date Financing Statement

Section 9-808 - Person Entitled to File Initial Financing Statement or Continuation Statement

Section 9-809 - Priority

Section 9-518 - Claim Concerning Inaccurate or Wrongfully Filed Record

Section 9-622 - Effect of Acceptance of Collateral

Section 9-621 - Notification of Proposal to Accept Collateral

Section 9-339 - Priority Subject to Subordination

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 9-522 - Maintenance and Destruction of Records

Section 9-523 - Information From Filing Office; Sale or License of Records

Section 9-524 - Delay by Filing Office

Section 9-525 - Fees

Section 9-526 - Filing–office Rules

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 9-521 - Uniform Form of Written Financing Statement and Amendment

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

Section 9-607 - Collection and Enforcement by Secured Party

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

Section 9-617 - Rights of Transferee of Collateral

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

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

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

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

Section 9-611 - Notification Before Disposition of Collateral

Section 9-610 - Disposition of Collateral After Default

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

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