Section 45.29.607. Collection and enforcement by secured party.

   (a) 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 take proceeds to which the secured party is entitled under AS 45.29.315;
        (3) may enforce the obligations of an account debtor or other person obligated on collateral and exercise the rights of the debtor with respect to the obligation of the account debtor or other person obligated on collateral to make payment or otherwise render performance to the debtor and with respect to property that secures the obligations of the account debtor or other person obligated on the collateral;
        (4) if it holds a security interest in a deposit account perfected by control under AS 45.29.104(a)(1), may apply the balance of the deposit account to the obligation secured by the deposit account; and
        (5) if it holds a security interest in a deposit account perfected by control under AS 45.29.104(a)(2) or (3), may instruct the bank to pay the balance of the deposit account to or for the benefit of the secured party.
   (b) If necessary to enable a secured party to exercise under (a)(3) of this section the right of a debtor to enforce a mortgage nonjudicially, the secured party may record in the office in which the mortgage is recorded
        (1) a copy of the security agreement that creates or provides for a security interest in the obligation secured by the mortgage; and
        (2) the secured party's sworn affidavit in recordable form stating that
             (A) a default has occurred with respect to the obligation secured by the mortgage; and
             (B) the secured party is entitled to enforce the mortgage nonjudicially.
   (c) A secured party shall proceed in a commercially reasonable manner if the secured party
        (1) undertakes to collect from or enforce an obligation of an account debtor or other person obligated on collateral; and
        (2) is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor or a secondary obligor.
   (d) A secured party may deduct from the collections made under (c) of this section reasonable expenses of collection and enforcement, including reasonable attorney fees and legal expenses incurred by the secured party.
   (e) This section does not determine whether an account debtor, bank, or other person obligated on collateral owes a duty to a secured party.

Authorities

45.29.601;45.29.602;45.29.608;45.29.623

Notes

References

AS 45.29.601 Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.
AS 45.29.602 Waiver and variance of rights and duties.
AS 45.29.608 Application of proceeds of collection or enforcement; liability for deficiency and right to surplus.
AS 45.29.623 Right to redeem collateral.

History

(Sec. 1 ch 113 SLA 2000; am Sec. 25 ch 64 SLA 2013)