Utah Code » Title 70A, Chapter 9a — Uniform Commercial Code - Secured Transactions; part 70A-9a-6 — Default
Utah Code

Utah Code § 70A-9a-610 (2026)

Disposition of collateral after default

✓ current as of May 2026
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After default, a secured party may sell, lease, license, or otherwise dispose of any or all of the collateral in its present condition or following any commercially reasonable preparation or processing.
Every aspect of a disposition of collateral, including the method, manner, time, place, and other terms, must be commercially reasonable. If commercially reasonable, a secured party may dispose of collateral by public or private proceedings, by one or more contracts, as a unit or in parcels, and at any time and place and on any terms.
A secured party may purchase collateral:
at a public disposition; or
at a private disposition only if the collateral is of a kind that is customarily sold on a recognized market or the subject of widely distributed standard price quotations.
A contract for sale, lease, license, or other disposition includes the warranties relating to title, possession, quiet enjoyment, and the like which by operation of law accompany a voluntary disposition of property of the kind subject to the contract.
A secured party may disclaim or modify warranties under Subsection (4):
in a manner that would be effective to disclaim or modify the warranties in a voluntary disposition of property of the kind subject to the contract of disposition; or
by communicating to the purchaser a record evidencing the contract for disposition and including an express disclaimer or modification of the warranties.
A record is sufficient to disclaim warranties under Subsection (5) if it indicates "There is no warranty relating to title, possession, quiet enjoyment, or the like in this disposition" or uses words of similar import.
Notes of Decisions
Cited in 3 cases (2 in the last 5 years), 2018–2025 · leading case: Cascade Collections v. Corray, 2025 UT App 9 (Utah Ct. App. 2025).
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Cascade Collections v. Corray, 2025 UT App 9 (Utah Ct. App. 2025). · cites it 2× “In this case, the parties take different positions as to whether any such notification was sent: Corray claims that he never received any such notification, but Paramount claims—supported by Manager’s testimony, as well as her “contact log” and a “certificate of mailing”—that it…”
BMO Harris Bank N.A. v. Deason (D. Minnesota 2018). “See Utah Code Ann. § 70A-9a-610(2); see also BMO Harris Bank, N.”
Onset Fin. v. Katofsky (D. Utah 2024). “§ 70A-9a-610 (titled, “Disposition of collateral after 12 Accordingly, because the court finds that Future Legends breached the Lease, Onset is entitled to a writ of replevin to recover the leased Property, an injunction preventing Defendants’ further use of the leased Property,…”
— Utah Code § 70A-9a-610(1) — 1 case
Cascade Collections v. Corray, 2025 UT App 9 (Utah Ct. App. 2025). “In this case, the parties take different positions as to whether any such notification was sent: Corray claims that he never received any such notification, but Paramount claims—supported by Manager’s testimony, as well as her “contact log” and a “certificate of mailing”—that it…”
— Utah Code § 70A-9a-610(2) — 1 case
BMO Harris Bank N.A. v. Deason (D. Minnesota 2018). “See Utah Code Ann. § 70A-9a-610(2); see also BMO Harris Bank, N.”
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