TITLE 28

COMMERCIAL TRANSACTIONS

CHAPTER 9

SECURED TRANSACTIONS

PART 2.

EFFECTIVENESS OF SECURITY AGREEMENT — ATTACHMENT OF SECURITY INTEREST — RIGHTS OF PARTIES TO SECURITY AGREEMENT

28-9-205.  Use or disposition of collateral permissible. (a) A security interest is not invalid or fraudulent against creditors solely because:

(1)  The debtor has the right or ability to:

(A)  use, commingle or dispose of all or part of the collateral, including returned or repossessed goods;

(B)  collect, compromise, enforce or otherwise deal with collateral;

(C)  accept the return of collateral or make repossessions; or

(D)  use, commingle or dispose of proceeds; or

(2)  The secured party fails to require the debtor to account for proceeds or replace collateral.

(b)  This section does not relax the requirements of possession if attachment, perfection or enforcement of a security interest depends upon possession of the collateral by the secured party.

History:

[28-9-205, added 2001, ch. 208, sec. 2, p. 724.]