Miss. Code § 75-9-602

Current through the 2024 Regular Session

Section 75-9-602 - Waiver and variance of rights and duties

Except as otherwise provided in Section 75-9-624, to the extent that they give rights to a debtor or obligor and impose duties on a secured party, the debtor or obligor may not waive or vary the rules stated in the following listed sections:

(1) Section 75-9-207(b)(4)(C), which deals with use and operation of the collateral by the secured party;

(2) Section 75-9-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;

(3) Section 75-9-607(c), which deals with collection and enforcement of collateral;

(4) Sections 75-9-608(a) and 75-9-615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;

(5) Sections 75-9-608(a) and 75-9-615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral;

(6) Section 75-9-609 to the extent that it imposes upon a secured party that takes possession of collateral without judicial process the duty to do so without breach of the peace;

(7) Sections 75-9-610(b), 75-9-611, 75-9-613, and 75-9-614, which deal with disposition of collateral;

(8) Section 75-9-615(f), which deals with calculation of a deficiency or surplus when a disposition is made to the secured party, a person related to the secured party, or a secondary obligor;

(9) Section 75-9-616, which deals with explanation of the calculation of a surplus or deficiency;

(10) Sections 75-9-620, 75-9-621, and 75-9-622, which deal with acceptance of collateral in satisfaction of obligation;

(11) Section 75-9-623, which deals with redemption of collateral;

(12) Section 75-9-624, which deals with permissible waivers; and

(13) Sections 75-9-625 and 75-9-626, which deal with the secured party's liability for failure to comply with this article.

Miss. Code § 75-9-602

Derived from former 1972 Code § 75-9-501 [Codes, 1942, § 41A:9-501; Laws, 1966, ch. 316, § 9-501; Laws, 1977, ch. 452, § 32, eff. 4/1/1978] and enacted by Laws, 2001, ch. 495, § 1, eff. 1/1/2002.