NRS104.9620. Acceptance of collateral in full or partial satisfaction of obligation; compulsory disposition of collateral.

      1.  Except as otherwise provided in subsection 7, a secured party may accept collateral in full or partial satisfaction of the obligation it secures only if:

      (a) The debtor consents to the acceptance under subsection 3;

      (b) The secured party does not receive, within the time set forth in subsection 4, a notification of objection to the proposal authenticated by:

             (1) A person to which the secured party was required to send a proposal under NRS 104.9621; or

             (2) Any other person, other than the debtor, holding an interest in the collateral subordinate to the security interest that is the subject of the proposal;

      (c) If the collateral is consumer goods, the collateral is not in the possession of the debtor when the debtor consents to the acceptance; and

      (d) Subsection 5 does not require the secured party to dispose of the collateral.

      2.  A purported or apparent acceptance of collateral under this section is ineffective unless:

      (a) The secured party consents to the acceptance in an authenticated record or sends a proposal to the debtor; and

      (b) The conditions of subsection 1 are met.

      3.  For purposes of this section:

      (a) A debtor consents to an acceptance of collateral in partial satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record authenticated after default; and

      (b) A debtor consents to an acceptance of collateral in full satisfaction of the obligation it secures only if the debtor agrees to the terms of the acceptance in a record authenticated after default or the secured party:

             (1) Sends to the debtor after default a proposal that is unconditional or subject only to a condition that collateral not in the possession of the secured party be preserved or maintained;

             (2) In the proposal, proposes to accept collateral in full satisfaction of the obligation it secures; and

             (3) Does not receive a notification of objection authenticated by the debtor within 20 days after the proposal is sent.

      4.  To be effective under paragraph (b) of subsection 1, a notification of objection must be received by the secured party:

      (a) In the case of a person to which the proposal was sent pursuant to NRS 104.9621, within 20 days after notification was sent to the person; and

      (b) In other cases:

             (1) Within 20 days after the last notification was sent pursuant to NRS 104.9621; or

             (2) If a notification was not sent, before the debtor consents to the acceptance under subsection 3.

      5.  A secured party that has taken possession of collateral shall dispose of the collateral pursuant to NRS 104.9610 within the time specified in subsection 6 if:

      (a) Sixty percent of the cash price has been paid in the case of a purchase-money security interest in consumer goods; or

      (b) Sixty percent of the principal amount of the obligation secured has been paid in the case of a non-purchase-money security interest in consumer goods.

      6.  To comply with subsection 5, the secured party shall dispose of the collateral:

      (a) Within 90 days after taking possession; or

      (b) Within any longer period to which the debtor and all secondary obligors have agreed in an agreement to that effect entered into and authenticated after default.

      7.  In a consumer transaction, a secured party may not accept collateral in partial satisfaction of the obligation it secures.

      (Added to NRS by 1999, 357; A 2009, 1728)