Illinois General Assembly - Illinois Compiled Statutes

Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

810 ILCS 5/9-615

    (810 ILCS 5/9-615)
    (Text of Section before amendment by P.A. 103-1036)
    Sec. 9-615.

Application of proceeds of disposition; liability for
deficiency and right to surplus.

(a) Application of proceeds.  A secured party shall apply or pay
over for application the cash proceeds of disposition in the following order
to:

(1) the reasonable expenses of retaking, holding,

preparing for disposition, processing, and disposing, and, to the extent provided for by agreement and not prohibited by law, reasonable attorney's fees and legal expenses incurred by the secured party;

(2) the satisfaction of obligations secured by the

security interest or agricultural lien under which the disposition is made;

(3) the satisfaction of obligations secured by any

subordinate security interest in or other subordinate lien on the collateral if:

(A) the secured party receives from the holder of

the subordinate security interest or other lien an authenticated demand for proceeds before distribution of the proceeds is completed; and

(B) in a case in which a consignor has an

interest in the collateral, the subordinate security interest or other lien is senior to the interest of the consignor; and

(4) a secured party that is a consignor of the

collateral if the secured party receives from the consignor an authenticated demand for proceeds before distribution of the proceeds is completed.

(b) Proof of subordinate interest.  If requested by a secured party,
a holder of a subordinate security interest or other lien shall furnish reasonable
proof of the interest or lien within a reasonable time.  Unless the holder does so, the
secured party need not comply with the holder's demand under subsection (a)(3).

(c) Application of noncash proceeds.  A secured party need not
apply or pay over for application noncash proceeds of disposition under this
Section unless the failure to do so would be commercially unreasonable.  A secured
party that applies or pays over for application noncash proceeds shall do so in a
commercially reasonable manner.

(d) Surplus or deficiency if obligation secured.  If the security
interest under which a disposition is made secures payment or performance of an
obligation, after making the payments and applications required by subsection (a)
and permitted by subsection (c):

(1) unless subsection (a)(4) requires the secured

party to apply or pay over cash proceeds to a consignor, the secured party shall account to and pay a debtor for any surplus; and

(2) the obligor is liable for any deficiency.

(e) No surplus or deficiency in sales of certain rights to
payment.  If the underlying transaction is a sale of accounts, chattel paper,
payment intangibles, or promissory notes:

        (1) the debtor is not entitled to any surplus; and
        (2) the obligor is not liable for any deficiency.

(f) Calculation of surplus or deficiency in disposition to person
related to secured party.  The surplus or deficiency following a disposition is
calculated based on the amount of proceeds that would have been realized in a
disposition complying with this Part
and described in subsection
(f)(2) of this Section to
a transferee other than the secured party, a
person related to the secured party, or a secondary obligor if:

(1) the transferee in the disposition is the secured

party, a person related to the secured party, or a secondary obligor; and

(2) the amount of proceeds of the disposition is

significantly below the range of proceeds that would have been received from a complying disposition by a forced sale without reserve to a willing buyer other than the secured party, a person related to the secured party, or a secondary obligor.

(g) Cash proceeds received by junior secured party.  A secured
party that receives cash proceeds of a disposition in good faith and without
knowledge that the receipt violates the rights of the holder of a security
interest or
other lien that is not subordinate to the security interest or agricultural
lien under
which the disposition is made:

(1) takes the cash proceeds free of the security

interest or other lien;

(2) is not obligated to apply the proceeds of the

disposition to the satisfaction of obligations secured by the security interest or other lien; and

(3) is not obligated to account to or pay the holder

of the security interest or other lien for any surplus.

(Source: P.A. 91-893, eff. 7-1-01.)

    (Text of Section after amendment by P.A. 103-1036)
    Sec. 9-615. Application of proceeds of disposition; liability for deficiency and right to surplus.

(a) Application of proceeds. A secured party shall apply or pay over for application the cash proceeds of disposition in the following order to: