C.R.S.
Section 4-9-620
Acceptance of collateral in full or partial satisfaction of obligation
- compulsory disposition of collateral
(a)
Except as otherwise provided in subsection (g) of this 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 subsection (c) of this section;(2)
The secured party does not receive, within the time set forth in subsection (d) of this section, a notification of objection to the proposal signed by:(A)
A person to which the secured party was required to send a proposal under section 4-9-621; or(B)
Any other person, other than the debtor, holding an interest in the collateral subordinate to the security interest that is the subject of the proposal;(3)
If the collateral is consumer goods, the collateral is not in the possession of the debtor when the debtor consents to the acceptance; and(4)
Subsection (e) of this section does not require the secured party to dispose of the collateral or the debtor waives the requirement pursuant to section 4-9-624.(b)
Reserved.(c)
For purposes of this section:(1)
A debtor consents to an acceptance of collateral in partial satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record signed after default; and(2)
A debtor consents to an acceptance of collateral in full satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record signed after default or the secured party:(A)
Sends to the debtor after default a proposal that is unconditional or subject only to a condition that collateral not in the possession of the secured party be preserved or maintained;(B)
In the proposal, proposes to accept collateral in full satisfaction of the obligation it secures; and(C)
Does not receive a notification of objection signed by the debtor within twenty days after the proposal is sent.(d)
To be effective under paragraph (2) of subsection (a) of this section, a notification of objection must be received by the secured party:(1)
In the case of a person to which the proposal was sent pursuant to section 4-9-621, within twenty days after notification was sent to that person; and(2)
In other cases:(A)
Within twenty days after the last notification was sent pursuant to section 4-9-621; or(B)
If a notification was not sent, before the debtor consents to the acceptance under subsection (c) of this section.(e)
A secured party that has taken possession of collateral shall dispose of the collateral pursuant to section 4-9-610 within the time specified in subsection (f) of this section if:(1)
Sixty percent of the cash price has been paid in the case of a purchase-money security interest in consumer goods; or(2)
Sixty percent of the principal amount of the obligation secured has been paid in the case of a non-purchase-money security interest in consumer goods.(f)
To comply with subsection (e) of this section, the secured party shall dispose of the collateral:(1)
Within ninety days after taking possession; or(2)
Within any longer period to which the debtor and all secondary obligors have agreed in an agreement to that effect entered into and signed after default.(g)
In a consumer transaction, a secured party may not accept collateral in partial satisfaction of the obligation it secures.
Source:
Section 4-9-620 — Acceptance of collateral in full or partial satisfaction of obligation - compulsory disposition of collateral, https://leg.colorado.gov/sites/default/files/images/olls/crs2023-title-04.pdf
(accessed Oct. 20, 2023).