104.9620 - Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral.
104.9620 Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral.
1. Except as otherwise provided in subsection 7, a secured party may accept collateral in full or partial satisfaction of the obligation it secures only if:
(a) The debtor consents to the acceptance under subsection 3;
(b) The secured party does not receive, within the time set forth in subsection 4, a notification of objection to the proposal authenticated by:
(1) A person to which the secured party was required to send a proposal under NRS 104.9621; or
(2) Any other person, other than the debtor, holding an interest in the collateral subordinate to the security interest that is the subject of the proposal;
(c) If the collateral is consumer goods, the collateral is not in the possession of the debtor when the debtor consents to the acceptance; and
(d) Subsection 5 does not require the secured party to dispose of the collateral.
2. A purported or apparent acceptance of collateral under this section is ineffective unless:
(a) The secured party consents to the acceptance in an authenticated record or sends a proposal to the debtor; and
(b) The conditions of subsection 1 are met.
3. For purposes of this section:
(a) A debtor consents to an acceptance of collateral in partial satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record authenticated after default; and
(b) A debtor consents to an acceptance of collateral in full satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record authenticated after default or the secured party:
(1) Sends to the debtor after default a proposal that is unconditional or subject only to a condition that collateral not in the possession of the secured party be preserved or maintained;
(2) In the proposal, proposes to accept collateral in full satisfaction of the obligation it secures; and
(3) Does not receive a notification of objection authenticated by the debtor within 20 days after the proposal is sent.
4. To be effective under paragraph (b) of subsection 1, a notification of objection must be received by the secured party:
(a) In the case of a person to which the proposal was sent pursuant to NRS 104.9621, within 20 days after notification was sent to the person; and
(b) In other cases:
(1) Within 20 days after the last notification was sent pursuant to NRS 104.9621; or
(2) If a notification was not sent, before the debtor consents to the acceptance under subsection 3.
5. A secured party that has taken possession of collateral shall dispose of the collateral pursuant to NRS 104.9610 within the time specified in subsection 6 if:
(a) Sixty percent of the cash price has been paid in the case of a purchase-money security interest in consumer goods; or
(b) Sixty percent of the principal amount of the obligation secured has been paid in the case of a non-purchase-money security interest in consumer goods.
6. To comply with subsection 5, the secured party shall dispose of the collateral:
(a) Within 90 days after taking possession; or
(b) Within any longer period to which the debtor and all secondary obligors have agreed in an agreement to that effect entered into and authenticated after default.
7. In a consumer transaction, a secured party may not accept collateral in partial satisfaction of the obligation it secures.
(Added to NRS by 1999, 357; A 2009, 1728)