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Is Article 9 Compliance Enough to Preserve a Creditor’s Rights In Its Collateral?

By Barbara M. Goodstein and Adam C. Wolk
August 31, 2025

When it comes to foreclosing on collateral, secured creditors must be cognizant of the statutory requirements of Article 9 of the Uniform Commercial Code (UCC).

Article 9 has very specific rules governing the foreclosure process and the exercise of remedies. But is compliance with those rules enough to preserve a creditor’s rights in its collateral? It seems there is disagreement among courts as to the correct answer.

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