Pennsylvania Consolidated & Unconsolidated Statutes
Chapter 96 - Default
Section 9608 - Application of proceeds of collection or enforcement; liability for deficiency and right to surplus

§ 9608. Application of proceeds of collection or enforcement;
liability for deficiency and right to surplus.
(a) Application of proceeds, surplus and deficiency if obligation secured.--If a security interest or agricultural lien secures payment or performance of an obligation, the following rules apply:
(1) A secured party shall apply or pay over for application the cash proceeds of collection or enforcement under section 9607 (relating to collection and enforcement by secured party) in the following order to:
(i) the reasonable expenses of collection and enforcement and, to the extent provided for by agreement and not prohibited by law, reasonable attorney fees and legal expenses incurred by the secured party;
(ii) the satisfaction of obligations secured by the security interest or agricultural lien under which the collection or enforcement is made; and
(iii) 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 an authenticated demand for proceeds before distribution of the proceeds is completed.
(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 paragraph (1)(iii).
(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) A secured party shall account to and pay a debtor for any surplus, and the obligor is liable for any deficiency.
(b) No surplus or deficiency in sales of certain rights to payment.--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.
Cross References. Section 9608 is referred to in section 9602 of this title.

Structure Pennsylvania Consolidated & Unconsolidated Statutes

Pennsylvania Consolidated & Unconsolidated Statutes

Title 13 - COMMERCIAL CODE

Chapter 96 - Default

Extra - Chapter Notes

Section 9601 - Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles or promissory notes

Section 9602 - Waiver and variance of rights and duties

Section 9603 - Agreement on standards concerning rights and duties

Section 9604 - Procedure if security agreement covers real property or fixtures

Section 9605 - Unknown debtor or secondary obligor

Section 9606 - Time of default for agricultural lien

Section 9607 - Collection and enforcement by secured party

Section 9608 - Application of proceeds of collection or enforcement; liability for deficiency and right to surplus

Section 9609 - Secured party's right to take possession after default

Section 9610 - Disposition of collateral after default

Section 9611 - Notification before disposition of collateral

Section 9612 - Timeliness of notification before disposition of collateral

Section 9613 - Contents and form of notification before disposition of collateral: general

Section 9614 - Contents and form of notification before disposition of collateral: consumer-goods transaction

Section 9615 - Application of proceeds of disposition; liability for deficiency and right to surplus

Section 9616 - Explanation of calculation of surplus or deficiency

Section 9617 - Rights of transferee of collateral

Section 9618 - Rights and duties of certain secondary obligors

Section 9619 - Transfer of record or legal title

Section 9620 - Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral

Section 9621 - Notification of proposal to accept collateral

Section 9622 - Effect of acceptance of collateral

Section 9623 - Right to redeem collateral

Section 9624 - Waiver

Section 9625 - Remedies for secured party's failure to comply with division

Section 9626 - Action in which deficiency or surplus is in issue

Section 9627 - Determination of whether conduct was commercially reasonable

Section 9628 - Nonliability and limitation on liability of secured party; liability of secondary obligor