NRS 104.9607
Collection and enforcement by secured party.


1.

If so agreed, and in any event after default, a secured party:

(a)

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;

(b)

May take any proceeds to which the secured party is entitled under NRS 104.9315;

(c)

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 any property that secures the obligations of the account debtor or other person obligated on the collateral;

(d)

If it holds a security interest in a deposit account perfected by control under paragraph (a) of subsection 1 of NRS 104.9104, may apply the balance of the deposit account to the obligation secured by the deposit account; and

(e)

If it holds a security interest in a deposit account perfected by control under paragraph (b) or (c) of subsection 1 of NRS 104.9104, may instruct the bank to pay the balance of the deposit account to or for the benefit of the secured party.

2.

If necessary to enable a secured party to exercise under paragraph (c) of subsection 1 the right of a debtor to enforce a mortgage nonjudicially, the secured party may record in the office in which the mortgage is recorded:

(a)

A copy of the security agreement that creates or provides for a security interest in the obligation secured by the mortgage; and

(b)

The secured party’s sworn affidavit in recordable form stating that:

(1)

A default has occurred with respect to the obligation secured by the mortgage; and

(2)

The secured party is entitled to enforce the mortgage nonjudicially.

3.

A secured party shall proceed in a commercially reasonable manner if the secured party:

(a)

Undertakes to collect from or enforce an obligation of an account debtor or other person obligated on collateral; and

(b)

Is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor or a secondary obligor.

4.

A secured party may deduct from the collections made pursuant to subsection 3 reasonable expenses of collection and enforcement, including reasonable attorney’s fees and legal expenses incurred by the secured party.

5.

This section does not determine whether an account debtor, bank or other person obligated on collateral owes a duty to a secured party.

Source: Section 104.9607 — Collection and enforcement by secured party., https://www.­leg.­state.­nv.­us/NRS/NRS-104.­html#NRS104Sec9607.

104.9601
Rights after default
104.9602
Waiver and variance of rights and duties of debtor and obligor.
104.9603
Agreement on standards concerning rights and duties of parties.
104.9604
Procedure if security agreement covers real property or fixtures.
104.9605
Duty to unknown debtor or secondary obligor.
104.9606
Time of default for agricultural lien.
104.9607
Collection and enforcement by secured party.
104.9608
Application of proceeds of collection or enforcement
104.9609
Secured party’s right to take possession or dispose of collateral after default.
104.9610
Disposition of collateral after default.
104.9611
Notification before disposition of collateral.
104.9612
Timeliness of notification before disposition of collateral.
104.9613
Contents and form of notification before disposition of collateral: General.
104.9614
Contents and form of notification before disposition of collateral: Consumer-goods transaction.
104.9615
Application of proceeds of disposition
104.9616
Explanation of calculation of surplus or deficiency.
104.9617
Effect of disposition of collateral by secured party after default
104.9618
Rights and duties of certain secondary obligors.
104.9619
Transfer of record or legal title.
104.9620
Acceptance of collateral in full or partial satisfaction of obligation
104.9621
Notification of proposal to accept collateral in satisfaction of obligation.
104.9622
Effect of acceptance of collateral in satisfaction of obligation.
104.9623
Redemption of collateral.
104.9624
Waiver of right to notification of disposition of collateral
104.9625
Remedies for secured party’s failure to comply with article.
104.9626
Action in which deficiency or surplus is in issue.
104.9627
Determination of whether conduct was commercially reasonable.
104.9628
Nonliability and limitation on liability of secured party
Last Updated

Jun. 24, 2021

§ 104.9607’s source at nv​.us