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Article
Article 9 Foreclosures: When Is a Sale Not a Sale?
University of Pittsburgh Law Review
  • David G. Carlson, Benjamin N. Cardozo School of Law
Publication Date
10-1-2022
Abstract

Article 9 of the Uniform Commercial Code empowers a secured creditor to sell collateral. This power is circumscribed. A secured party may not sell before default. A secured party cannot self-deal in a private sale. A pledgee of securities can sell to itself in a private sale if the securities are of a kind that is customarily sold on a recognized market, but the law is unclear what formalities the pledgee must meet to memorialize the sale. A secured party may not sell in a commercially reasonable manner to a buyer with notice of the commercial unreason. This article explores these and other limits on a secured creditor's power to sell. Sometimes a sale is not a sale.

Publisher
University of Pittsburgh School of Law
DOI
https://doi.org/10.5195/lawreview.2022.912
Disciplines
Citation Information
David G. Carlson. "Article 9 Foreclosures: When Is a Sale Not a Sale?" University of Pittsburgh Law Review Vol. 84 Iss. 1 (2022) p. 67 - 126
Available at: http://works.bepress.com/david_carlson/140/