Asked by Llaneth Valenzuela on Apr 27, 2024

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If a debtor defaults,what type of court order does the secured party need to take possession of the collateral?

A) An order to take possession
B) A declaratory judgment
C) A summary judgment
D) A temporary injunction
E) The secured party does not need an order to take possession.

Secured Party

An individual or entity that has a legal interest or lien on a debtor's property, secured by a security agreement, ensuring priority payment in case of debtor's default.

Collateral

Property or other assets that a borrower offers to a lender to secure a loan.

Court Order

An official directive issued by a judge that requires a party to do or refrain from doing something.

  • Learn about the implications of bankruptcy on the financial standing of both secured and unsecured creditors and on the debtor’s assets.
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CL
Cristina LariosMay 01, 2024
Final Answer :
E
Explanation :
According to Uniform Commercial Code Section 9-609,if a debtor defaults on a loan,the secured party can take possession of the collateral.The secured party may act without a court order to retain possession of the property,but the secured party may not breach the peace in repossessing the property.