West Virginia Code § 46-9-608

Application of proceeds of collection or enforcement; liability for
Open in Lexace · Ask the AI about this section
deficiency and right to surplus.
(a) Application of proceeds, surplus and deficiency if obligation secured. If a security interest
or agricultural lien secures payment or performance of an obligation, the following rules
apply:
(1) A secured party shall apply or pay over for application the cash proceeds of collection or
enforcement under section 9-607 in the following order to:
(A) The reasonable expenses of collection and enforcement and, uto the extent provided for by
agreement and not prohibited by law, reasonable attorney's fees and legal expenses incurred
by the secured party;
(B) The satisfaction of obligations secured by the securaity interest or agricultural lien under
which the collection or enforcement is made; and
(C) The satisfaction of obligations secured by any subordinate security interest in or other
lien on the collateral subject to the security interest or agricultural lien under which the
collection or enforcement is made if the seicured party receives an authenticated demand for
proceeds before distribution of the proceeds is completed.
(2) If requested by a secured party, a holder of a subordinate security interest or other lien
shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the
holder complies, the secured party need not comply with the holder's demand under
paragraph (1)(C) of this subsection.
(3) A secured party n eed not apply or pay over for application noncash proceeds of collection
and enforcemVent under section 9-607 unless the failure to do so would be commercially
unreasonable. A secured party that applies or pays over for application noncash proceeds
shall do so in a commercially reasonable manner.
(4) A secured party shall account to and pay a debtor for any surplus, and the obligor is
liable for any deficiency.
(b) No surplus or deficiency in sales of certain rights to payment. If the underlying
transaction is a sale of accounts, chattel paper, payment intangibles or promissory notes, the
debtor is not entitled to any surplus and the obligor is not liable for any deficiency.

‹ Prev All West Virginia sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.