UNIFORM COMMERCIAL CODE
Act 174 of 1962
440.9601 Rights after default; judicial enforcement; consignor or buyer of accounts, chattel paper, payment intangibles, or promissory notes.
Sec. 9601.
(1) After default, a secured party has the rights provided in this part and, except as otherwise provided in section 9602, those provided by agreement of the parties. A secured party may do 1 or more of the following:
(a) May reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure.
(b) If the collateral is documents, may proceed either as to the documents or as to the goods they cover.
(2) A secured party in possession of collateral or control of collateral under section 7106, 9104, 9105, 9106, or 9107 has the rights and duties provided in section 9207.
(3) The rights under subsections (1) and (2) are cumulative and may be exercised simultaneously.
(4) Except as otherwise provided in subsection (7) and section 9605, after default, a debtor and an obligor have the rights provided in this part and by agreement of the parties.
(5) If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of the following:
(a) The date of perfection of the security interest or agricultural lien in the collateral.
(b) The date of filing a financing statement covering the collateral.
(c) Any date specified in a statute under which the agricultural lien was created.
(6) A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this section. A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this article.
(7) Except as otherwise provided in section 9607(3), this part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
History: Add. 2000, Act 348, Eff. July 1, 2001 ;-- Am. 2012, Act 87, Eff. July 1, 2013
Notes of Decisions
Fodale v. Waste Mgmt. of Michigan, Inc, 718 N.W.2d 827 (Mich. Ct. App. 2006).
· cites it 5× “In 2002, plaintiff sued defendant, claiming (1) violation of Article 9 of the UCC, MCL 440.9601 et seq.; (2) breach of contract (breach of implied covenant of good faith and fair dealing); and (3) unjust enrichment.”
Perkins v. Auto-Owners Ins., 301 Mich. App. 658 (Mich. Ct. App. 2013).
· cites it 4× “Particularly relevant to this case is MCL 440.9601(1), which states that “[a]fter default, a secured party has the rights provided in this part and, except as otherwise provided in section 9602,[ 2 ] those provided by agreement of the parties.”
Prime Fin. Servs. LLC v. Vinton, 761 N.W.2d 694 (Mich. Ct. App. 2008).
“and MCL 440.9601 (2001) et seq. Consequently, when prior Article 9 is properly applied to the facts of this case, Prime’s claims for conversion and unjust enrichment necessarily fail.”
Americorp Fin., L.L.C. v. Lansing Pharmacy, L.C., 923 F. Supp. 2d 1023 (E.D. Mich. 2013).
· cites it 2× “These actions, in Defendants’ view, violated Plaintiffs duty under Michigan’s enactment of the Uniform Commercial Code (“UCC”) to pursue its contractual remedies in good faith, see Mich.”
Matthew Maasdam v. Peri Weingrad (Mich. Ct. App. 2022).
· cites it 2× “Her notice of appearance stated that she has “rights and duties as set forth in MCL 440.9601 et seq. and MCL 440.9207. See MCL 440.”
BMO Bank N.A. v. N & P Carrier LLC (E.D. Mich. 2025).
· cites it 2× “5/9-601(c); accord Mich. Comp. Laws § 440.9601 . Based on these findings, IT IS HEREBY ORDERED that: A.”
BMO Bank N.A. v. Samman Bros. Transp. LLC (E.D. Mich. 2025).
· cites it 2× “5/9-601(c); accord Mich. Comp. Laws § 440.9601 (3). Based on these findings, it is hereby, ORDERED that BMO Bank’s motion for default judgment (ECF No.”
Dow Chem. Employees' Credit Union v. Brenda Geiling (Mich. Ct. App. 2018).
“Article 9 provides that, after a default, a secured party may “dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing.”
Dow Chem. Employees' Credit Union v. Brenda Geiling (Mich. Ct. App. 2018).
“Article 9 provides that, after a default, a secured party may “dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing.”
— Mich. Comp. Laws § 440.9601(1) — 1 case
Perkins v. Auto-Owners Ins., 301 Mich. App. 658 (Mich. Ct. App. 2013).
“Particularly relevant to this case is MCL 440.9601(1), which states that “[a]fter default, a secured party has the rights provided in this part and, except as otherwise provided in section 9602,[ 2 ] those provided by agreement of the parties.”
— Mich. Comp. Laws § 440.9601(2) — 1 case
Matthew Maasdam v. Peri Weingrad (Mich. Ct. App. 2022).
“Her notice of appearance stated that she has “rights and duties as set forth in MCL 440.9601 et seq. and MCL 440.9207. See MCL 440.”
— Mich. Comp. Laws § 440.9601(4) — 2 cases
Dow Chem. Employees' Credit Union v. Brenda Geiling (Mich. Ct. App. 2018).
“Article 9 provides that, after a default, a secured party may “dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing.”
Dow Chem. Employees' Credit Union v. Brenda Geiling (Mich. Ct. App. 2018).
“Article 9 provides that, after a default, a secured party may “dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing.”
— Mich. Comp. Laws § 440.9601(l)(a) — 1 case
Perkins v. Auto-Owners Ins., 301 Mich. App. 658 (Mich. Ct. App. 2013).
“Particularly relevant to this case is MCL 440.9601(1), which states that “[a]fter default, a secured party has the rights provided in this part and, except as otherwise provided in section 9602,[ 2 ] those provided by agreement of the parties.”
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