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HomeCommercial CodeDiv. 9Ch. 6§ 9617 Collateral Disposition After Default

§ 9617 Collateral Disposition After Default

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

§ 9617 Collateral Disposition After Default

Key Takeaways

  • •If you don't pay back a loan, the lender can sell the thing you used as collateral (like a car or house) to get their money back.
  • •When the lender sells it, the buyer gets full rights to it, and the old loan on it is gone.
  • •If the buyer didn’t know about any problems with the sale, they still get to keep it even if the lender didn’t follow all the rules.
  • •If the buyer knew about problems, they might not get full rights, and the old loan or other claims could still apply.

Example

You borrow money to buy a car, and the car is the collateral. You stop paying the loan, so the bank sells the car to someone else.

The new owner gets the car free and clear, and your old loan on it is gone. Even if the bank didn’t do everything perfectly, the new owner keeps the car if they didn’t know about any issues.

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

Official Source
View on CA.gov

§ 9617 Collateral Disposition After Default

(a) A secured party’s disposition of collateral after default does all of the following: (1) Transfers to a transferee for value all of the debtor’s rights in the collateral. (2) Discharges the security interest under which the disposition is made. (3) Discharges any subordinate security interest or other subordinate lien. (b) A transferee that acts in good faith takes free of the rights and interests described in subdivision (a), even if the secured party fails to comply with this division or the requirements of any judicial proceeding. (c) If a transferee does not take free of the rights and interests described in subdivision (a), the transferee takes the collateral subject to all of the following: (1) The debtor’s rights in the collateral. (2) The security interest or agricultural lien under which the disposition is made. (3) Any other security interest or other lien. (Added by Stats. 1999, Ch. 991, Sec. 35. Effective January 1, 2000. Operative July 1, 2001, by Sec. 75 of Ch. 991 and Section 9701.)

Last verified: January 23, 2026

Key Terms

secured party’s dispositioncollateraltransferee for valuesecurity interestsubordinate security interestgood faith

Related Statutes

  • § 9601 Secured Party Post-Default Rights
  • § 2602 Buyer Rejection Of Goods
  • § 2603 Buyer Duty After Rejection
  • § 8603 Security Interest Transition Rules
  • § 9602 Debtor Rights In Collateral

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Commercial Code. Section 9617.
View Official Source