Section 106:9-609 - [Effective 4/8/2025] Secured party's right to take possession after default(a) Possession; rendering equipment unusable; disposition on debtor's premises. After default, a secured party: (1) may take possession of the collateral; and(2) without removal, may render equipment unusable and dispose of collateral on a debtor's premises under Section 9-610.(b) Judicial and nonjudicial process. A secured party may proceed under subsection (a): (1) pursuant to judicial process; or(2) without judicial process, if it proceeds without breach of the peace.(c) Assembly of collateral. If so agreed, and in any event after default, a secured party may require the debtor to assemble the collateral and make it available to the secured party at a place to be designated by the secured party which is reasonably convenient to both parties.(d) Notwithstanding subsection (a), in the case of a debtor that is a hospital licensed by the department of public health under section 51 of chapter 111, and collateral that is a medical device, a secured party shall send notice to the debtor and the department of public health 60 days prior to taking possession of the collateral, rendering equipment unusable or disposing of the collateral on the debtor's premises pursuant to subsection (a). For the purposes of this subsection, "medical device" shall have the same meaning as that term is defined in section 1 of chapter 111N.Mass. Gen. Laws ch. 106, § 106:9-609
Amended by Acts 2024, c. 343,§ 52, eff. 4/8/2025.Amended by Acts 2001 , c. 26, § 39, eff. 7/1/2001.This section is set out more than once due to postponed, multiple, or conflicting amendments.