Default and Creditor Remedies
What Happens After Default?
A default occurs when the debtor fails to fulfill obligations under the agreement. The secured party may enforce its rights according to the contract and applicable law.
- Repossess collateral if permitted by law.
- Dispose of collateral through a commercially reasonable sale.
- Apply sale proceeds toward the outstanding debt.
- Return any surplus to the debtor after satisfying obligations.
- Seek a deficiency judgment if sale proceeds are insufficient, where allowed.
Note
Repossession generally cannot involve a breach of the peace.
Summary
Secured creditors have powerful remedies, but they must exercise them lawfully and fairly.
