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Georgia Statutes, Title 11

Georgia/Statutes

← All Georgia coverage

Title 11

0 chapters · 619 sections in this title.

All chapters in Title 11619 Ch 9144 Ch 2101 Ch 2A79 Ch 368 Ch 853 Ch 441 Ch 741 Ch 4A38 Ch 125 Ch 518 Ch 105 Ch 114 Ch 122

144 sections·Filtered byTitle 11✕Ch 9✕

O.C.G.A. § 11-9-604 Procedure if security agreement covers real property or ﬁxtures
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(a) Enforcement; personal and real property. If a security agreement covers both personal and real property, a secured party may proceed: (1) Under this part as to the personal property without prejudicing any rights with respect to the real property; or (2) As to both the person…
O.C.G.A. § 11-9-605 Unknown debtor or secondary obligor
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A secured party does not owe a duty based on its status as secured party: (1) To a person that is a debtor or obligor, unless the secured party knows: (A) That the person is a debtor or obligor; (B) The identity of the person; and (C) How to communicate with the person; or (2) To…
O.C.G.A. § 11-9-606 Time of default for agricultural lien
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For purposes of this part, a default occurs in connection with an agricultural lien at the time the secured party becomes entitled to enforce the lien in accordance with the statute under which it was created. History. Code 1981, § 11-9-606, enacted by Ga. L. 2001, p. 362, § 1.
O.C.G.A. § 11-9-607 Collection and enforcement by secured party
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Showing 101–144 of 144

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(a) Collection and enforcement generally. If so agreed, and in any event after default, a secured party: (1) May notify an account debtor or other person obligated on collateral to make payment or otherwise render performance to or for the beneﬁt of the secured party; (2) May tak…

O.C.G.A. § 11-9-608 Application of proceeds of collection or enforcement; liability for deﬁciency and right to surplus

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(a) Application of proceeds, surplus, and deﬁciency if obligation secured. 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 coll…

O.C.G.A. § 11-9-609 Secured party’s right to take possession after default

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(a) Possession; rendering equipment unusable; disposition on debtor’s premises. After default, a secured party: (1) May take possession of the collateral; and (2) Without removal, may render equipment unusable and dispose of collateral on a debtor’s premises under Code Section 11…

O.C.G.A. § 11-9-610 Disposition of collateral after default

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(a) Disposition after default. After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing. (b) Commercially reasonable disposition. Every…

O.C.G.A. § 11-9-611 Notiﬁcation before disposition of collateral

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(a) “Notiﬁcation date.” As used in this Code section, the term “notiﬁcation date” means the earlier of the date on which: (1) A secured party sends to the debtor and any secondary obligor an authenticated notiﬁcation of disposition; or (2) The debtor and any secondary obligor wai…

O.C.G.A. § 11-9-612 Timeliness of notiﬁcation before disposition of collateral

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(a) Reasonable time is question of fact. Except as otherwise provided in subsection (b) of this Code section, whether a notiﬁcation is sent within a reasonable time is a question of fact. (b) Ten-day period sufficient in nonconsumer transaction. In a transaction other than a cons…

O.C.G.A. § 11-9-613 Contents and form of notiﬁcation before disposition of collateral; general

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Except in a consumer goods transaction, the following rules apply: (1) The contents of a notiﬁcation of disposition are sufficient if the notiﬁcation: (A) Describes the debtor and the secured party; (B) Describes the collateral that is the subject of the intended disposition; (C)…

O.C.G.A. § 11-9-614 Contents and form of notiﬁcation before disposition of collateral; consumer goods transaction

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In a consumer goods transaction, the following rules apply: (1) A notiﬁcation of disposition must provide the following information: (A) The information speciﬁed in paragraph (1) of Code Section 11-9-613; (B) A description of any liability for a deﬁciency of the person to which t…

O.C.G.A. § 11-9-615 Application of proceeds of disposition; liability for deﬁciency and right to surplus

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(a) Application of proceeds. A secured party shall apply or pay over for application the cash proceeds of a disposition under Code Section 11-9-610 in the following order to: (1) The reasonable expenses of retaking, holding, preparing for disposition, processing, and disposing, a…

O.C.G.A. § 11-9-616 Explanation of calculation of surplus or deﬁciency

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(a) Deﬁnitions. As used in this Code section, the term: (1) “Explanation” means a writing that: (A) States the amount of the surplus or deﬁciency; (B) Provides an explanation in accordance with subsection (c) of this Code section of how the secured party calculated the surplus or…

O.C.G.A. § 11-9-617 Rights of transferee of collateral

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(a) Effects of disposition. A secured party’s disposition of collateral after default: (1) Transfers to a transferee for value all of the debtor’s rights in the collateral; (2) Discharges the security interest under which the disposition is made; and (3) Discharges any subordinat…

O.C.G.A. § 11-9-618 Rights and duties of certain secondary obligors

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(a) Rights and duties of secondary obligor. A secondary obligor acquires the rights and becomes obligated to perform the duties of the secured party after the secondary obligor: (1) Receives an assignment of a secured obligation from the secured party; (2) Receives a transfer of …

O.C.G.A. § 11-9-619 Transfer of record or legal title

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(a) “Transfer statement.” As used in this Code section, the term “transfer statement” means a record authenticated by a secured party stating: (1) That the debtor has defaulted in connection with an obligation secured by speciﬁed collateral; (2) That the secured party has exercis…

O.C.G.A. § 11-9-620 Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral

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(a) Conditions to acceptance in satisfaction. Except as otherwise provided in subsection (g) of this Code section, a secured party may accept collateral in full or partial satisfaction of the obligation it secures only if: (1) The debtor consents to the acceptance under subsectio…

O.C.G.A. § 11-9-621 Notiﬁcation of proposal to accept collateral

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(a) Persons to which proposal to be sent. A secured party that desires to accept collateral in full or partial satisfaction of the obligation it secures shall send its proposal to: (1) Any person from which the secured party has received, before the debtor consented to the accept…

O.C.G.A. § 11-9-622 Effect of acceptance of collateral

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(a) Effect of acceptance. A secured party’s acceptance of collateral in full or partial satisfaction of the obligation it secures: (1) Discharges the obligation to the extent consented to by the debtor; (2) Transfers to the secured party all of a debtor’s rights in the collateral…

O.C.G.A. § 11-9-623 Right to redeem collateral

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(a) Persons that may redeem. A debtor, any secondary obligor, or any other secured party or lienholder may redeem collateral. (b) Requirements for redemption. To redeem collateral, a person shall tender: (1) Fulﬁllment of all obligations secured by the collateral; and (2) The rea…

O.C.G.A. § 11-9-624 Waiver

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(a) Waiver of disposition notiﬁcation. A debtor or secondary obligor may waive the right to notiﬁcation of disposition of collateral under Code Section 11-9-611 only by an agreement to that effect entered into and authenticated after default. (b) Waiver of mandatory disposition. …

O.C.G.A. § 11-9-625 Remedies for secured party’s failure to comply with article

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(a) Judicial orders concerning noncompliance. If it is established that a secured party is not proceeding in accordance with this article, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions. (b) Damages for nonc…

O.C.G.A. § 11-9-626 Action in which deﬁciency or surplus is in issue

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(a) Applicable rules if amount of deﬁciency or surplus in issue. In an action arising from a transaction, other than a consumer transaction, in which the amount of a deﬁciency or surplus is in issue, the following rules apply: (1) A secured party need not prove compliance with th…

O.C.G.A. § 11-9-627 Determination of whether conduct was commercially reasonable

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(a) Greater amount obtainable under other circumstances; no preclusion of commercial reasonableness. The fact that a greater amount could have been obtained by a collection, enforcement, disposition, or acceptance at a different time or in a different method from that selected by…

O.C.G.A. § 11-9-628 Nonliability and limitation on liability of secured party; liability of secondary obligor

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(a) Limitation of liability of secured party for noncompliance with article. Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person: (1) The secured party is not liable to the person, or to…

O.C.G.A. § 11-9-701 Effective date

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This article takes effect on July 1, 2001. History. Code 1981, § 11-9-701, enacted by Ga. L. 2001, p. 362, § 1.

O.C.G.A. § 11-9-702 Savings clause

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(a) Pre-effective date transactions or liens. Except as otherwise provided in this part, this article applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before July 1, 2001. (b) Continuing validity. Except as otherwise p…

O.C.G.A. § 11-9-703 Security interest perfected before effective date

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(a) Continuing priority over lien creditor; perfection requirements satisﬁed. A security interest that is enforceable immediately before July 1, 2001, and would have priority over the rights of a person that becomes a lien creditor at that time is a perfected security interest un…

O.C.G.A. § 11-9-704 Security interest unperfected before effective date

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A security interest that is enforceable immediately before July 1, 2001, but which would be subordinate to the rights of a person that becomes a lien creditor at that time: (1) Remains an enforceable security interest on and for one year after July 1, 2001; (2) Remains enforceabl…

O.C.G.A. § 11-9-705 Effectiveness of action taken before effective date

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(a) Pre-effective date action; one-year perfection period unless reperfected. If action, other than the ﬁling of a ﬁnancing statement, is taken before July 1, 2001, and the action would have resulted in priority of a security interest over the rights of a person that becomes a li…

O.C.G.A. § 11-9-706 When initial ﬁnancing statement suffices to continue effectiveness of ﬁnancing statement

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(a) Initial ﬁnancing statement in lieu of continuation statement. The ﬁling of an initial ﬁnancing statement in the office speciﬁed in Code Section 11-9-501 continues the effectiveness of a ﬁnancing statement ﬁled before July 1, 2001, if: (1) The ﬁling of an initial ﬁnancing stat…

O.C.G.A. § 11-9-707 Amendment of pre-effective date ﬁnancing statement

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(a) “Pre-effective date ﬁnancing statement.” In this Code section, “pre-effective date ﬁnancing statement” means a ﬁnancing statement ﬁled before July 1, 2001. (b) Applicable law. On or after July 1, 2001, a person may add or delete collateral covered by, continue or terminate th…

O.C.G.A. § 11-9-708 Persons entitled to ﬁle initial ﬁnancing statement or continuation statement

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A person may ﬁle an initial ﬁnancing statement or a continuation statement under this part if: (1) The secured party of record authorizes the ﬁling; and (2) The ﬁling is necessary under this part: (A) To continue the effectiveness of a ﬁnancing statement ﬁled before July 1, 2001;…

O.C.G.A. § 11-9-709 Priority

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(a) Law governing priority. This article determines the priority of conﬂicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2001, former Article 9 of this title determines priority. (b) Priority if security interest becom…

O.C.G.A. § 11-9-710 Exculpation

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From July 1, 2001, until July 1, 2006, any search company shall not be liable to its customer as a result of failing to disclose the existence of a ﬁled ﬁnancing statement in any ﬁling office or index maintained by the authority searched in good faith by such search company to th…

O.C.G.A. § 11-9-802 Savings clause

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(a) Pre-effective date transactions or liens. Except as otherwise provided in this part, this article, as in effect on July 1, 2013, applies to a transaction or lien within its scope, even if the transaction or lien was entered into or created before July 1, 2013. (b) Pre-effecti…

O.C.G.A. § 11-9-803 Security interest perfected before effective date

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(a) Continuing perfection; perfection requirements satisﬁed. A security interest that is a perfected security interest immediately before July 1, 2013, is a perfected security interest under this article, as in effect on July 1, 2013, if, on July 1, 2013, the applicable requireme…

O.C.G.A. § 11-9-804 Security interest unperfected before effective date

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A security interest that is an unperfected security interest immediately before July 1, 2013, becomes a perfected security interest: (1) Without further action, on July 1, 2013, if the applicable requirements for perfection under this article, as in effect on July 1, 2013, are sa…

O.C.G.A. § 11-9-805 Effectiveness of action taken before effective date

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(a) Pre-effective date ﬁling effective. The ﬁling of a ﬁnancing statement before July 1, 2013, is effective to perfect a security interest to the extent the ﬁling would satisfy the applicable requirements for perfection under this article, as in effect on July 1, 2013. (b) When p…

O.C.G.A. § 11-9-806 When initial ﬁnancing statement suffices to continue effectiveness of ﬁnancing statement

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(a) Initial ﬁnancing statement in lieu of continuation statement. The ﬁling of an initial ﬁnancing statement in the office speciﬁed in Code Section 11-9-501 continues the effectiveness of a ﬁnancing statement ﬁled before July 1, 2013, if: (1) The ﬁling of an initial ﬁnancing stat…

O.C.G.A. § 11-9-807 Amendment of pre-effective date ﬁnancing statement

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(a) “Pre-effective date ﬁnancing statement.” As used in this Code section, the term “pre-effective date ﬁnancing statement” means a ﬁnancing statement ﬁled before July 1, 2013. (b) Applicable law. On or after July 1, 2013, a person may add or delete collateral covered by, continu…

O.C.G.A. § 11-9-808 Person entitled to ﬁle initial ﬁnancing statement or continuation statement

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A person may ﬁle an initial ﬁnancing statement or a continuation statement under this part if: (1) The secured party of record authorizes the ﬁling; and (2) The ﬁling is necessary under this part: (A) To continue the effectiveness of a ﬁnancing statement ﬁled before July 1, 2013;…

O.C.G.A. § 11-9-809 Priority

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This article, as in effect on July 1, 2013, determines the priority of conﬂicting claims to collateral. However, if the relative priorities of the claims were established before July 1, 2013, the former provisions of this article, as in effect prior to July 1, 2013, determine pri…

O.C.G.A. § 11-9-322.1 When perfected, §11-9-308

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Storage of agricultural commodities under statute requiring bond. Receipt issued deemed warehouse receipt, §11-7-201. AIRBILLS. Bills of lading. Deﬁned to include airbills, §11-1-201. Deﬁned, §11-1-201. ALCOHOLIC BEVERAGES. Commercial code. Documents of title. Storage of distille…