Editor's notes.

- In the light of the similarity of the provisions, decisions under former Article 9 are included in the annotations for this Code section. For a table of comparable provisions, see the table at the beginning of the Article.

Nature of remedies provided in this article.

- The former provisions set forth general remedies of both creditor and debtor while remaining provisions of Art. 9 simply elaborated on the various remedies summarized herein, and as such, are neither mandatory nor mutually exclusive. McCullough v. Mobiland, Inc., 139 Ga. App. 260, 228 S.E.2d 146 (1976) (decided under former Code Section11-9-501).

Construction of former subsection (4).

- The last clause of former subsection (4) ("in which case the provisions of this part do not apply") is itself applicable only where the creditor proceeds "as to both the real and the personal property in accordance with his rights and remedies in respect of the real property . . . ", where the creditor sells the debtor's personalty pursuant to debtor's notes and security agreement and seeks to proceed against the debtor's guarantor's real estate for the balance pursuant to their deed. United States ex rel. FHA v. Kennedy, 256 Ga. 345, 348 S.E.2d 636 (1986) (decided under former Code Section11-9-501).

Filing suit after repossession without first disposing of collateral.

- Secured creditor's election to repossess collateral and then to file suit on contract without first disposing of the collateral was not improper under the terms of the sale contracts or of the UCC. ITT Terryphone Corp. v. Modems Plus, Inc., 171 Ga. App. 710, 320 S.E.2d 784 (1984) (decided under former Code Section11-9-501).

Trial court did not err in granting summary judgment to a bank, a secured creditor, that brought an action for money judgment on a note while holding the collateral pledged by a corporation and an individual because O.C.G.A. §§ 11-9-601(c) and11-9-609(a)(1) allowed a secured creditor in possession of a debtor's collateral to employ a number of different remedial steps until the debt was satisfied. Okefenokee Aircraft, Inc. v. Primesouth Bank, 296 Ga. App. 782, 676 S.E.2d 394 (2009).

Standard for determining default to be determined contractually.

- Since there is no definition per se of what constitutes default within purview of Uniform Commercial Code, this is one of those standards to be determined by parties contractually. Borochoff Properties, Inc. v. Howard Lumber Co., 115 Ga. App. 691, 155 S.E.2d 651 (1967) (decided under former Code Section11-9-501).

Standards for determining whether there has been default.

- This title does not specifically define "default" under a security agreement. For the most part, the security agreement itself must define standards for determining whether default occurs. Whisenhunt v. Allen Parker Co., 119 Ga. App. 813, 168 S.E.2d 827 (1969) (decided under former Code Section11-9-501).

Pre-petition enforcement under Georgia law of an assignment of rents from a hotel's operation is not essential to the existence of a post-petition lien under 11 U.S.C. § 552(b)(2). In re Resort Inns, Inc., Bankr. (Bankr. S.D. Ga. Aug. 30, 2004).

Default found.

- Summary judgment was properly entered for a credit union on an owner's claim for wrongful possession as the owner defaulted on the owner's agreement with the credit union by failing to pay the storage fees for the car, which resulted in a garageman's lien; under O.C.G.A. § 11-9-601(a), as the owner was in default, the credit union could, pursuant to O.C.G.A. § 11-9-609(a), take possession of the collateral, and under O.C.G.A. § 11-9-610, the credit union could sell it. Endsley v. Robins Fed. Credit Union, 267 Ga. App. 512, 600 S.E.2d 441 (2004).

Am. Jur. 2d.

- 68A Am. Jur. 2d, Secured Transactions, §§ 109, 160 et seq., 192 et seq., 556-575, 581, 590 et seq., 637, 734.

C.J.S.

- 72 C.J.S., Pledges, §§ 49, 50.

U.L.A.

- Uniform Commercial Code (U.L.A.) § 9-601.

ALR.

- Rights and remedies as between parties to a conditional sale after the seller has repossessed himself of the property, 37 A.L.R. 91; 83 A.L.R. 959; 99 A.L.R. 1288; 49 A.L.R.2d 15.

Right, upon buyer's default in payment of installment due, to recover amount not due, in absence of acceleration clause, 57 A.L.R. 825.

Right to attorneys' fees on enforcing chattel mortgage, 63 A.L.R. 1314.

Attachment as affected by release or modification of lien to which property was subject when attachment was levied, 128 A.L.R. 1392.

Right of conditional seller to retake property without legal process, 146 A.L.R. 1331.

Payment or discharge of principal obligation as affecting right of the pledgee to sue or continue pending suit against the maker of the collateral pledged, or judgment previously recovered on the collateral obligation, 157 A.L.R. 261.

Construction of §§ 301 and 700 of Soldiers' and Sailors' Civil Relief Act of 1940, as amended, relating to instalment contracts for purchase of property, 24 A.L.R.2d 1074.