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Secured Transactions: The State of Virginia generally adopts the provisions of the Uniform Commercial Code in secured transactions. A creditor generally is entitled to recover possession of collateral upon the default of a debtor on a secured transaction. In obtaining possession of collateral, a creditor may do so without judicial process if it can be done without breach of the peace or by judicial action. (VA Code 8-9-503.) After a debtor's default, a secured creditor may sell, lease or otherwise dispose of
the collateral in a commercially reasonable manner. (VA Code 8-9-504.) Any time before the
disposition of the collateral, a debtor may have a right to redeem the collateral by
tendering full payment of the obligation owed and all reasonable expenses incurred by the
creditor. (VA Code The disposition of the collateral may be conducted by public or private sale. Reasonable notice of the time and place of the sale is generally required to be given to other secured creditors and the debtor. (VA Code 8-9-504(3).) A creditor must account to the debtor any surplus, and unless otherwise agreed, the debtor may be liable for any deficiency. (VA Code 8-9-502(2).) |
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