| April, 2002 - Vol. 8, No. 1 | i |
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Disposition of Collateral After Default New laws that lawyers and bankers need to be aware of when disposing of collateral after default and repossession include the following: * Revised Article 9 preserves the "commercially reasonable" standard imposed on secured creditors who are disposing of collateral after default. "Every aspect of a disposition of collateral, including the method, manner, time, place and terms, must be commercially reasonable." N.D.C.C.§ 41-09-107(2). *WARNING: Under Revised Article
9, N.D.C.C. § 41-09-107(4), future disposition sales will
include "warranties relating to title, possession, quiet
enjoyment, and the like." The main thing to remember is
that these sales warranties will now pertain to liquidation sales,
which is something that may not have occurred to most of us.
However, a secured creditor wishing to disclaim these warranties
may do so in a written format. § 41-09-107(5). The statute
provides sample wording that will effectively exclude the warranties
in a disposition under this section, which is as follows: "There
is no warranty relating to title, possession, quiet enjoyment,
or the like in this disposition." The law is silent as to
where exactly this language belongs, but we suggest that this
disclaimer be put conspicuously on the auction sale bill and
on each individual bill of sale. |