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HomeCommercial CodeDiv. 9Ch. 2§ 9205 Debtor Control Of Collateral

§ 9205 Debtor Control Of Collateral

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 9205 Debtor Control Of Collateral

Key Takeaways

  • •If you borrow money and use something valuable (like a car) as a promise to pay back, the deal isn’t fake just because you can still use or sell that thing.
  • •The deal isn’t fake even if the lender doesn’t make you keep track of the money you get from selling that thing.
  • •But if the lender needs to actually hold the thing (like a car) to make the deal work, you still have to give it to them.

Example

You borrow money from a bank and use your car as a promise to pay it back.

The deal isn’t fake just because you can still drive the car or even sell it. The bank doesn’t have to make you keep track of the money if you sell the car. But if the bank needs to actually hold the car to make the deal work, you have to give them the car.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 9205 Debtor Control Of Collateral

(a) A security interest is not invalid or fraudulent against creditors solely because either of the following applies: (1) The debtor has the right or ability to do any of the following: (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. (D) Use, commingle, or dispose of proceeds. (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. (Amended (as to be added by Stats. 1999, Ch. 991) by Stats. 2000, Ch. 1003, Sec. 8. Effective January 1, 2001. Addition and amendment operative July 1, 2001, by Stats. 1999, Ch. 991, Sec. 75, and Stats. 2000, Ch. 1003, Sec. 56.)

Last verified: January 23, 2026

Key Terms

security interestcollateralproceedssecured partydebtor

Related Statutes

  • § 9203 Security Interest Attachment Conditions
  • § 9207 Secured Party Collateral Care
  • § 4210 Bank Security Interest Rules
  • § 7209 Warehouse Lien On Goods
  • § 9202 Title Secured Party Rights Regardless Title

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 9205.
View Official Source