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Pursuing Deficiency Judgment Even After Partial Satisfaction Of The Obligation

Question: 
As a secured party, if I collect partial satisfaction of an obligation, may I still pursue a deficiency judgment?
Answer: 

Yes. Under Revised Article 9, section 9-620, a secured party may accept collateral in full or partial satisfaction of the obligation it secures. Under the old Article 9 laws, if the secured creditor accepted collateral in full satisfaction of the debt, it had to waive any claim to a deficiency judgment. However, with the addition of the partial satisfaction option under Revised Article 9, the secured creditor may now preserve a right to pursue a deficiency judgment.

First published on 02/03/2003

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