Tennessee Code Annotated

Tenn. Code Ann. § 47-9-609 (2026)

Secured party's right to take possession after default

✓ current as of May 2026

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(a)Possession; rendering equipment unusable; disposition on debtor's premises. After default, a secured party:
- (1) may take possession of the collateral; and
- (2) without removal, may render equipment unusable and dispose of collateral on a debtor's premises under § 47-9-610.

(b)Judicial and nonjudicial process. A secured party may proceed under subsection (a):
- (1) pursuant to judicial process; or
- (2) without judicial process, if it proceeds without breach of the peace.

(c)Assembly of collateral. If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties.

Acts 2000, ch. 846, § 1.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2010–2025 · leading case: Roderick Robertson v. U.S. Bank, 831 F.3d 757 (6th Cir. 2016).

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Roderick Robertson v. U.S. Bank, 831 F.3d 757 (6th Cir. 2016). “Tenn. Code Ann. § 47-9-609 (b)(2); see, e.”

WM Capital Partners, LLC v. Anthony W. Thornton, 525 S.W.3d 265 (Tenn. Ct. App. 2016). · cites it 4× “” Tenn. Code Ann. § 47-9-609 (b)(2). The disposition of the collateral must also be “commercially reasonable.”

Regions Bank v. Trailer Source (Tenn. Ct. App. 2010). · cites it 6× “) 12 The creditor is not obligated to dispose of the collateral under Tenn. Code Ann. § 47-9-610 as evidenced by the use of “may” in subsection (a).”

Duncan v. Absolute Towing & Recovery LLC (W.D. Tenn. 2025). “§ 47-9-609 , among other things. (Id. at PageID 10–11; see ECF Nos.”

— Tenn. Code Ann. § 47-9-609(a) — 1 case

WM Capital Partners, LLC v. Anthony W. Thornton, 525 S.W.3d 265 (Tenn. Ct. App. 2016). “” Tenn. Code Ann. § 47-9-609 (b)(2). The disposition of the collateral must also be “commercially reasonable.”

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