§ 9-608 — Application of Proceeds of Collection or Enforcement; Liability for Deficiency and Right to Surplus

New York § 9-608

• Jurisdiction: New York
• Law UCC: Uniform Commercial Code
• Part 6: Default
• Subpart 1: Default and Enforcement of Security Interest
• Art. 9: Secured Transactions

Text

Section 9--608. Application of Proceeds of Collection or Enforcement;\n Liability for Deficiency and Right to Surplus.\n (a) Application of proceeds, surplus, and deficiency if obligation\nsecured. If a security interest or agricultural lien secures payment or\nperformance of an obligation, the following rules apply:\n (1) A secured party shall apply or pay over for application the\n cash proceeds of collection or enforcement under Section\n 9--607 in the following order to:\n (A) the reasonable expenses of collection and enforcement\n and, to the extent provided for by agreement and not\n prohibited by law, reasonable attorney's fees and legal\n expenses incurred by the secured party;\n (B) the satisfaction of obligations secured by the security\n interest or agricultural lien under which the collection\n or enforcement is made; and\n * (C) the satisfaction of obligations secured by any\n subordinate security interest in or other lien on the\n collateral subject to the security interest or\n agricultural lien under which the collection or\n enforcement is made if the secured party receives an\n authenticated demand for proceeds before distribution of\n the proceeds is completed.\n * NB Effective until June 3, 2026\n * (C) the satisfaction of obligations secured by any\n subordinate security interest in or other lien on the\n collateral subject to the security interest or\n agricultural lien under which the collection or\n enforcement is made if the secured party receives a\n signed demand for proceeds before distribution of the\n proceeds is completed.\n * NB Effective June 3, 2026\n (2) If requested by a secured party, a holder of a subordinate\n security interest or other lien shall furnish reasonable\n proof of the interest or lien within a reasonable time.\n Unless the holder complies, the secured party need not comply\n with the holder's demand under paragraph (1)(C).\n (3) A secured party need not apply or pay over for application\n noncash proceeds of collection and enforcement under Section\n 9--607 unless the failure to do so would be commercially\n unreasonable. A secured party that applies or pays over for\n application noncash proceeds shall do so in a commercially\n reasonable manner.\n (4) A secured party shall account to and pay a debtor for any\n surplus, and the obligor is liable for any deficiency.\n (b) No surplus or deficiency in sales of certain rights to payment. If\nthe underlying transaction is a sale of accounts, chattel paper, payment\nintangibles, or promissory notes, the debtor is not entitled to any\nsurplus, and the obligor is not liable for any deficiency.\n