Ohio § 1309.608

Full text of Ohio Ohio Revised Code § 1309.608, with citation guidance and answers to common questions.

§ 1309.608.

(A) If a security interest or agricultural lien secures payment or performance of an

obligation, the following rules apply: (1) A secured party shall apply or pay over for application the cash proceeds of collection

or enforcement under section 1309.607 of the Revised Code in the following order: (a) The reasonable expenses of collection and enforcement and, to the extent provided

for by agreement and not prohibited by law, reasonable attorney's fees and legal expenses

incurred by the secured party; (b) The satisfaction of obligations secured by the security interest or agricultural

lien under which the collection or enforcement is made;  and (c) The satisfaction of obligations secured by any subordinate security interest in or

other lien on the collateral subject to the security interest or agricultural lien

under which the collection or enforcement is made if the secured party receives an

authenticated demand for proceeds before distribution of the proceeds is completed. (2) If requested by a secured party, a holder of a subordinate security interest or other

lien shall furnish reasonable proof of the interest or lien within a reasonable time.  Unless the holder complies, the secured party is not required to comply with the

holder's demand made under division (A)(1)(c) of this section. (3) A secured party is not required to apply or pay over for application noncash proceeds

of collection and enforcement under section 1309.607 of the Revised Code unless the failure to do so would be commercially unreasonable.  A secured party who applies or pays over for application noncash proceeds shall

do so in a commercially reasonable manner. (4) A secured party shall account to and pay a debtor for any surplus, and the obligor

is liable for any deficiency. (B) If the underlying transaction is a sale of accounts, chattel paper, payment intangibles,

or promissory notes, the debtor is not entitled to any surplus, and the obligor is

not liable for any deficiency.

Frequently Asked Questions About Ohio § 1309.608

What does Ohio Revised Code § 1309.608 cover?

Section 1309.608 is part of the Ohio Revised Code, the codified statutory law of Ohio. 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 Ohio § 1309.608?

A common citation format is "Ohio Revised Code § 1309.608" (Ohio). 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 Ohio law?

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

How does Ohio § 1309.608 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Ohio 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 Ohio.