Official Code of Georgia Annotated
Title 11. COMMERCIAL CODE · Chapter 9. · Article 9. SECURED TRANSACTIONS · Part 6. DEFAULT
11-9-602. Waiver and variance of rights and duties.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Except as otherwise provided in Code Section 11-9-624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:
- (1)
Subparagraph (b)(4)(C) of Code Section 11-9-207, which deals with use and operation of the collateral by the secured party;#
- (2)
Code Section 11-9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;#
- (3)
Subsection (c) of Code Section 11-9-607, which deals with collection and enforcement of collateral;#
- (4)
Subsection (a) of Code Section 11-9-608 and subsection (c) of Code Section 11-9-615 to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;#
- (5)
Subsection (a) of Code Section 11-9-608 and subsection (d) of Code Section 11-9-615 to the extent that they require accounting for or payment of surplus proceeds of collateral;#
- (6)
Code Section 11-9-609 to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace;#
- (7)
Subsection (b) of Code Section 11-9-610 and Code Sections 11-9-611, 11-9-613, and 11-9-614, which deal with disposition of collateral;#
- (8)
Subsection (f) of Code Section 11-9-615, which deals with calculation of a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party, or a secondary obligor;#
- (9)
Code Section 11-9-616, which deals with explanation of the calculation of a surplus or deficiency;#
- (10)
Code Sections 11-9-620, 11-9-621, and 11-9-622, which deal with acceptance of collateral in satisfaction of obligation;#
- (11)
Code Section 11-9-623, which deals with redemption of collateral;#
- (12)
Code Section 11-9-624, which deals with permissible waivers; and#
- (13)
Code Sections 11-9-625 and 11-9-626, which deal with the secured party’s liability for failure to comply with this article.#
History
Code 1981, § 11-9-602, enacted by Ga. L. 2001, p. 362, § 1.
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t11-(v9)-2022-pdf.pdf, Volume V9, 2022 edition, pages 899 to 900; merge action: carried; file SHA-256 ad397fccbf21.