- (a) Conditions to acceptance in satisfaction. 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 signed by:
- (A) a person to which the secured party was required to send a proposal under § 8.9A-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) subsection (e) does not require the secured party to dispose of the collateral or the debtor waives the requirement pursuant to § 8.9A-624.
- (b) Purported acceptance ineffective. A purported or apparent acceptance of collateral under this section is ineffective unless:
- (1) the secured party consents to the acceptance in a signed record or sends a proposal to the debtor; and
- (2) the conditions of subsection (a) are met.
- (c) Debtor's consent. 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 signed 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 signed 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 signed by the debtor within twenty days after the proposal is sent.
- (d) Effectiveness of notification. 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 § 8.9A-621, within twenty days after notification was sent to that person; and
(2) in other cases:
- (A) within twenty days after the last notification was sent pursuant to § 8.9A-621; or
- (B) if a notification was not sent, before the debtor consents to the acceptance under subsection (c).
(e) Mandatory disposition of consumer goods.
A secured party that has taken possession of collateral shall dispose of the collateral pursuant to § 8.9A-610 within the time specified in subsection (f) if:
- (1) sixty percent of the cash price has been paid in the case of a purchase-money security interest in consumer goods; or
- (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) Compliance with mandatory disposition requirement. To comply with subsection (e), the secured party shall dispose of the collateral:
- (1) within ninety 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 signed after default.
- (g) No partial satisfaction in consumer transaction. In a consumer transaction, a secured party may not accept collateral in partial satisfaction of the obligation it secures.
Code 1950, § 55-93; 1964, cc. 219, 410, § 8.9-505; 1973, c. 509; 2000, c. 1007; 2024, c. 652.