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HomeCommercial CodeDiv. 9Ch. 6§ 9601 Secured Party Post-Default Rights

§ 9601 Secured Party Post-Default Rights

Commercial Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
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§ 9601 Secured Party Post-Default Rights

This law lets a lender who has given a loan take legal steps to collect the money or the property if the borrower stops paying, and it explains how those steps work.

Key Takeaways

  • •After default, the lender can sue, foreclose, or enforce the loan through court.
  • •The lender can also handle paperwork if the collateral involves documents.
  • •The lender’s rights can be used together and also apply to the borrower after default.

Example

You borrow money to buy a car and then stop making payments.

The lender can go to court, get a judgment, force a sale of the car, and keep the money from that sale to pay back the loan.

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

Official Source
View on CA.gov

§ 9601 Secured Party Post-Default Rights

(a) After default, a secured party has the rights provided in this chapter and, except as otherwise provided in Section 9602, those rights provided by agreement of the parties. A secured party may do both of the following: (1) Reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure. (2) If the collateral is documents, proceed either as to the documents or as to the goods they cover. (b) A secured party in possession of collateral or control of collateral under Section 7106, 9104, 9105, 9105.1, 9106, 9107, or 9107.1 has the rights and duties provided in Section 9207. (c) The rights under subdivisions (a) and (b) are cumulative and may be exercised simultaneously. (d) Except as otherwise provided in subdivision (g) and in Section 9605, after default, a debtor and an obligor have the rights provided in this chapter and by agreement of the parties. (e) If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of any of the following: (1) The date of perfection of the security interest or agricultural lien in the collateral. (2) The date of filing a financing statement covering the collateral. (3) Any date specified in a statute under which the agricultural lien was created. (f) A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this section. A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this division. (g) Except as otherwise provided in subdivision (c) of Section 9607, this part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes. (Amended by Stats. 2023, Ch. 210, Sec. 61. (SB 95) Effective January 1, 2024.)

Last verified: January 10, 2026

Key Terms

secured partydefaultjudicial procedurecollateralsecurity interestagricultural lien

Related Statutes

  • § 9606 Agricultural Lien Default Timing
  • § 9609 Secured Party Collateral Possession
  • § 9602 Debtor Rights In Collateral
  • § 9611 Secured Party Disposition Notice
  • § 9613 Notification Of Disposition Rules

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 9601.
View Official Source