§ 8.9A-207 Rights and duties of secured party having possession or control of collateral
a. Duty of care when secured party in possession. Except as otherwise provided in subsection (d), a secured party shall use reasonable care in the custody and preservation of collateral in the secured party’s possession. In the case of chattel paper or an instrument, reasonable care includes taking necessary steps to preserve rights against prior parties unless otherwise agreed.
b. Expenses, risks, duties, and rights when secured party in possession. Except as otherwise provided in subsection (d), if a secured party has possession of collateral:
1. reasonable expenses, including the cost of insurance and payment of taxes or other charges, incurred in the custody, preservation, use, or operation of the collateral are chargeable to the debtor and are secured by the collateral;
2. the risk of accidental loss or damage is on the debtor to the extent of a deficiency in any effective insurance coverage;
3. the secured party shall keep the collateral identifiable, but fungible collateral may be commingled; and
A. for the purpose of preserving the collateral or its value;
B. as permitted by an order of a court having competent jurisdiction; or
C. except in the case of consumer goods, in the manner and to the extent agreed by the debtor.
c. Duties and rights when secured party in possession or control. Except as otherwise provided in subsection (d), a secured party having possession of collateral or control of collateral under § 8.7-106, 8.9A-104, 8.9A-105, 8.9A-105.1, 8.9A-106, 8.9A-107, or 8.9A-107.1:
1. may hold as additional security any proceeds, except money or funds, received from the collateral;
2. shall apply money or funds received from the collateral to reduce the secured obligation, unless remitted to the debtor; and
d. Buyer of certain rights to payment. If the secured party is a buyer of accounts, chattel paper, payment intangibles, or promissory notes or a consignor:
1. subsection (a) does not apply unless the secured party is entitled under an agreement:
B. otherwise to full or limited recourse against the debtor or a secondary obligor based on the nonpayment or other default of an account debtor or other obligor on the collateral; and
History
This law was first created in 1964. The record of its establishment is cataloged in chapter 219 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1964 “Acts” aren’t available online. It has been modified 3 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 2000, chapter 1007; in 2004, chapter 200; in 2024, chapter 652.
1964, c. 219, § 8.9-207; 2000, c. 1007; 2004, c. 200; 2024, c. 652.