Tennessee § 47-9-601 - Rights after default — Judicial enforcement — Consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.

§ 47-9-601. Rights after default — Judicial enforcement — Consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.

Rights of secured party after default. After default, a secured party has the rights provided in this part and, except as otherwise provided in § 47-9-602, those provided by agreement of the parties. A secured party: May reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and If the collateral is documents, may proceed either as to the documents or as to the goods they cover. Rights and duties of secured party in possession or control. A secured party in possession of collateral or control of collateral under § 47-7-106, § 47-9-104, § 47-9-105, § 47-9-106, or § 47-9-107 has the rights and duties provided in § 47-9-207. Rights cumulative; simultaneous exercise. The rights under subsections (a) and (b) are cumulative and may be exercised simultaneously. Rights of debtor and obligor. Except as otherwise provided in subsection (g) and § 47-9-605, after default, a debtor and an obligor have the rights provided in this part and by agreement of the parties. Lien of levy after judgment. 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: The date of perfection of the security interest or agricultural lien in the collateral; The date of filing a financing statement covering the collateral; or Any date specified in a statute under which the agricultural lien was created. Execution sale. 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 chapter. Consignor or buyer of certain rights to payment. Except as otherwise provided in § 47-9-607(c), 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. Foreclosure under this chapter is not deemed to be debt collection. Acts 2000, ch. 846, § 1; 2002, ch. 745, § 4; 2008, ch. 814, § 38. Compiler's Notes. Former part 6, §§ 47-9-601 — 47-9-607 (Acts 1985, ch. 404, §§ 36-42), concerning transition provisions, was repealed and replaced in the revision of chapter 9 of the Uniform Commercial Code by Acts 2000, ch. 846, § 1, effective July 1, 2001. Cross-References. Agricultural production input security interests, title 43, ch. 31. Hindering secured creditors, penalty, § 39-14-116 . Transition provisions, title 47, ch. 9, part 7. Prior Tennessee Law: § 47-1007. Textbooks. Tennessee Jurisprudence, 6 Tenn. Juris., Commercial Law, §§ 97, 104. Law Reviews. Renegotiation and Secured Credit: Explaining the Equity of Redemption (Marshall E. Tracht), 52 Vand. L. Rev. 599 (1999). The 1972 Amendments to Article Nine of the Uniform Commercial Code: Attachment and Enforceability, Future Advance, and Proceeds (George L. Dawson), 16 Mem. St. U.L. Rev. 65 (1985). Cited: Kincaid v. Southtrust Bank, 221 S.W.3d 32, 2006 Tenn. App. LEXIS 711 (Tenn. Ct. App. 2006).