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Illinois Compiled Statutes

810 ILCS 5/9-607 (2026)

Collection and enforcement by secured party

✓ current as of May 2026
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(810 ILCS 5/9-607)
    Sec. 9-607. Collection and enforcement by secured party.
    (a) Collection and enforcement generally. If so agreed, and in any event after default, a secured party:
        (1) 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;
        (2) may take any proceeds to which the secured party
    
is entitled under Section 9-315;
        (3) 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;
        (4) if it holds a security interest in a deposit
    
account perfected by control under Section 9-104(a)(1), may apply the balance of the deposit account to the obligation secured by the deposit account; and
        (5) if it holds a security interest in a deposit
    
account perfected by control under Section 9-104(a)(2) or (3), may instruct the bank to pay the balance of the deposit account to or for the benefit of the secured party.
    (b) Nonjudicial enforcement of mortgage. If necessary to enable a secured party to exercise under subsection (a)(3) the right of a debtor to enforce a mortgage nonjudicially, the secured party may record in the office in which a record of the mortgage is recorded:
        (1) a copy of the security agreement that creates or
    
provides for a security interest in the obligation secured by the mortgage; and
        (2) the secured party's sworn affidavit in recordable
    
form stating that:
            (A) a default has occurred with respect to the
        
obligation secured by the mortgage; and
            (B) the secured party is entitled to enforce the
        
mortgage nonjudicially.
    (c) Commercially reasonable collection and enforcement. A secured party shall proceed in a commercially reasonable manner if the secured party:
        (1) undertakes to collect from or enforce an
    
obligation of an account debtor or other person obligated on collateral; and
        (2) is entitled to charge back uncollected collateral
    
or otherwise to full or limited recourse against the debtor or a secondary obligor.
    (d) Expenses of collection and enforcement. A secured party may deduct from the collections made pursuant to subsection (c) reasonable expenses of collection and enforcement, including reasonable attorney's fees and legal expenses incurred by the secured party.
    (e) Duties to secured party not affected. This Section does not determine whether an account debtor, bank, or other person obligated on collateral owes a duty to a secured party.
(Source: P.A. 97-1034, eff. 7-1-13.)

    
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2011–2024 · leading case: Agri-Best Holdings, LLC v. Atlanta Cattle Exch., Inc., 812 F. Supp. 2d 898 (N.D. Ill. 2011).
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Agri-Best Holdings, LLC v. Atlanta Cattle Exch., Inc., 812 F. Supp. 2d 898 (N.D. Ill. 2011). “UCC § 9-607(a); see 810 ILCS 5/9-607(a) (Illinois codification of § 9-607(a)).”
First Am. Bank v. Poplar Creek, LLC, 2024 IL App (1st) 230551 (Ill. App. Ct. 2024). “810 ILCS 5/9-607(c) (West 2022). ¶ 39 Based on the testimony of the experts and the evidence, the trial court did not abuse its discretion in finding that First American acted in a commercially reasonable manner by retaining the TIF note.”
McGrath v. Addy & McGrath Fireworks, Inc., 2022 IL App (3d) 210013 (Ill. App. Ct. 2022). · cites it 2× “¶ 50 Section 9-607 of the UCC (810 ILCS 5/9-607 (West 2020)) addresses collection and enforcement by a secured party upon default of the borrower.”
— 810 ILCS 5/9-607(a) — 1 case
Agri-Best Holdings, LLC v. Atlanta Cattle Exch., Inc., 812 F. Supp. 2d 898 (N.D. Ill. 2011). “UCC § 9-607(a); see 810 ILCS 5/9-607(a) (Illinois codification of § 9-607(a)).”
— 810 ILCS 5/9-607(c) — 2 cases
First Am. Bank v. Poplar Creek, LLC, 2024 IL App (1st) 230551 (Ill. App. Ct. 2024). “810 ILCS 5/9-607(c) (West 2022). ¶ 39 Based on the testimony of the experts and the evidence, the trial court did not abuse its discretion in finding that First American acted in a commercially reasonable manner by retaining the TIF note.”
McGrath v. Addy & McGrath Fireworks, Inc., 2022 IL App (3d) 210013 (Ill. App. Ct. 2022). “¶ 50 Section 9-607 of the UCC (810 ILCS 5/9-607 (West 2020)) addresses collection and enforcement by a secured party upon default of the borrower.”
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