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Illinois Compiled Statutes

810 ILCS 5/9-626 (2026)

Action in which deficiency or surplus is in issue; applicable rules if amount of deficiency or surplus is in issue

✓ current as of May 2026
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(810 ILCS 5/9-626)
    Sec. 9-626. Action in which deficiency or surplus is in issue; applicable rules if amount of deficiency or surplus is in issue. In an action in which the amount of a deficiency or surplus is in issue, the following rules apply:
        (1) A secured party need not prove compliance with
    
the provisions of this Part relating to collection, enforcement, disposition, or acceptance unless the debtor or a secondary obligor places the secured party's compliance in issue.
        (2) If the secured party's compliance is placed in
    
issue, the secured party has the burden of establishing that the collection, enforcement, disposition, or acceptance was conducted in accordance with this Part.
        (3) Except as otherwise provided in Section 9-628, if
    
a secured party fails to prove that the collection, enforcement, disposition, or acceptance was conducted in accordance with the provisions of this Part relating to collection, enforcement, disposition, or acceptance, the liability of a debtor or a secondary obligor for a deficiency is limited to an amount by which the sum of the secured obligation, expenses, and attorney's fees exceeds the greater of:
            (A) the proceeds of the collection, enforcement,
        
disposition, or acceptance; or
            (B) the amount of proceeds that would have been
        
realized had the noncomplying secured party proceeded in accordance with the provisions of this Part relating to collection, enforcement, disposition, or acceptance.
        (4) For purposes of paragraph (3)(B), the amount of
    
proceeds that would have been realized is equal to the sum of the secured obligation, expenses, and attorney's fees unless the secured party proves that the amount is less than that sum.
        (5) If a deficiency or surplus is calculated under
    
Section 9-615(f), the debtor or obligor has the burden of establishing that the amount of proceeds of the disposition is significantly below the range of prices that a complying disposition to a person other than the secured party, a person related to the secured party, or a secondary obligor would have brought.
(Source: P.A. 91-893, eff. 7-1-01.)

    
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2007–2024 · leading case: First Am. Bank v. Poplar Creek, LLC, 2024 IL App (1st) 230551 (Ill. App. Ct. 2024).
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First Am. Bank v. Poplar Creek, LLC, 2024 IL App (1st) 230551 (Ill. App. Ct. 2024). “The guarantors rely on section 9-626 of the UCC (810 ILCS 5/9-626 (West 2022)). Under that section, when a deficiency exists and the secured party fails to prove collection, enforcement, disposition, or acceptance was conducted in accord with the UCC, “the amount of proceeds…”
Gen. Motors Aceptance Corp. v. Stoval (Ill. App. Ct. 2007). · cites it 2× “Defendant maintained that due to GMAC’s failure to produce a copy of the Notice, defendant’s liability for the deficiency balance claimed to be due after the sale of the vehicle was limited to the proceeds of the sale realized by GMAC, as set forth in section 9-626 of the UCC…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.