New Jersey § 12a:9-207

Full text of New Jersey New Jersey Statutes § 12a:9-207, with citation guidance and answers to common questions.

§ 12a:9-207.

(a) Duty of care when secured party in possession. Except as otherwise provided in subsection (d), a secured party shall use reasonable

care in the custody and preservation of collateral in the secured party's possession. In the case of chattel paper or an instrument, reasonable care includes taking necessary

steps to preserve rights against prior parties unless otherwise agreed. (b) Expenses, risks, duties, and rights when secured party in possession. Except as otherwise provided in subsection (d), if a secured party has possession

of collateral: (1) reasonable expenses, including the cost of insurance and payment of taxes or other

charges, incurred in the custody, preservation, use or operation of the collateral

are chargeable to the debtor and are secured by the collateral; (2) the risk of accidental loss or damage is on the debtor to the extent of a deficiency

in any effective insurance coverage; (3) the secured party shall keep the collateral identifiable, but fungible collateral

may be commingled; and (4) the secured party may use or operate the collateral: (A) for the purpose of preserving the collateral or its value; (B) as permitted by an order of a court having competent jurisdiction; or (C) except in the case of consumer goods, in the manner and to the extent agreed by

the debtor. (c) Duties and rights when secured party in possession or control. Except as otherwise provided in subsection (d), a secured party having possession

of collateral or control of collateral under 12A:7-106, 12A:9-104, 12A:9-105, 12A:9-106, or 12A:9-107: (1) may hold as additional security any proceeds, except money or funds, received

from the collateral; (2) shall apply money or funds received from the collateral to reduce the secured

obligation, unless remitted to the debtor; and (3) may create a security interest in the collateral. (d) Buyer of certain rights to payment. If the secured party is a buyer of accounts, chattel paper, payment intangibles,

or promissory notes or a consignor: (1) subsection (a) does not apply unless the secured party is entitled under an agreement: (A) to charge back uncollected collateral; or (B) otherwise to full or limited recourse against the debtor or a secondary obligor

based on the nonpayment or other default of an account debtor or other obligor on

the collateral; and (2) subsections (b) and (c) do not apply.

Frequently Asked Questions About New Jersey § 12a:9-207

What does New Jersey Statutes § 12a:9-207 cover?

Section 12a:9-207 is part of the New Jersey Statutes, the codified statutory law of New Jersey. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite New Jersey § 12a:9-207?

A common citation format is "New Jersey Statutes § 12a:9-207" (New Jersey). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of New Jersey law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Jersey official source linked on this page or consult a licensed New Jersey attorney.

How does New Jersey § 12a:9-207 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Jersey can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in New Jersey.