Sec. 501   RCW 62A.9A-607 and 2000 c 250 s 9A-607 are each amended to read as follows:
     (((a))) (1) Collection and enforcement generally. If so agreed, and in any event after default, a secured party:
     (((1))) (a) May notify an account debtor or other person obligated on collateral to make payment or otherwise render performance to or for the benefit of the secured party;
     (((2))) (b) May take any proceeds to which the secured party is entitled under RCW 62A.9A-315;
     (((3))) (c) May enforce the obligations of an account debtor or other person obligated on collateral and exercise the rights of the debtor with respect to the obligation of the account debtor or other person obligated on collateral to make payment or otherwise render performance to the debtor, and with respect to any property that secures the obligations of the account debtor or other person obligated on the collateral;
     (((4))) (d) If it holds a security interest in a deposit account perfected by control under RCW 62A.9A-104(a)(1), may apply the balance of the deposit account to the obligation secured by the deposit account; and
     (((5))) (e) If it holds a security interest in a deposit account perfected by control under RCW 62A.9A-104(a) (2) or (3), may instruct the bank to pay the balance of the deposit account to or for the benefit of the secured party.
     (((b))) (2) Nonjudicial enforcement of mortgage. If necessary to enable a secured party to exercise, under subsection (((a)(3))) (1)(c) of this section, the right of a debtor to enforce a mortgage nonjudicially, the secured party may record in the office in which a record of the mortgage is recorded the secured party's sworn affidavit stating that:
     (((1))) (a) Default has occurred ((under the security agreement that creates or provides for a security interest in the obligations secured by the mortgage)) with respect to the obligation secured by the mortgage;
     (((2))) (b) A copy of the security agreement that creates or provides for a security interest in the obligations secured by the mortgage is attached to the affidavit; and
     (((3))) (c) The secured party is entitled to enforce the mortgage nonjudicially.
     If the secured party's affidavit and attached copy of the security agreement in the form prescribed by chapter 65.04 RCW are presented with the applicable fee to the office in which a record of the mortgage is recorded, the affidavit and attached copy of the security agreement shall be recorded pursuant to RCW 65.04.030(3).
     (((c))) (3) Commercially reasonable collection and enforcement. A secured party shall proceed in a commercially reasonable manner if the secured party:
     (((1))) (a) Undertakes to collect from or enforce an obligation of an account debtor or other person obligated on collateral; and
     (((2))) (b) Is entitled to charge back uncollected collateral or otherwise to full or limited recourse against the debtor or a secondary obligor.
     (((d))) (4) Expenses of collection and enforcement. A secured party may deduct from the collections made pursuant to subsection (((c))) (3) of this section reasonable expenses of collection and enforcement, including reasonable attorneys' fees and legal expenses incurred by the secured party.
     (((e))) (5) Duties to secured party not affected. This section does not determine whether an account debtor, bank, or other person obligated on collateral owes a duty to a secured party.

"Sec. 622   RCW 62A.9A-601 and 2000 c 250 s 9A-601 are each amended to read as follows:
     (((a))) (1) Rights of secured party after default. After default, a secured party has the rights provided in this part and, except as otherwise provided in RCW 62A.9A-602, those provided by agreement of the parties. A secured party:
     (((1))) (a) May reduce a claim to judgment, foreclose, or otherwise enforce the claim, security interest, or agricultural lien by any available judicial procedure; and
     (((2))) (b) If the collateral is documents, may proceed either as to the documents or as to the goods they cover.
     (((b))) (2) Rights and duties of secured party in possession or control. A secured party in possession of collateral or control of collateral under RCW 62A.9A-104, 62A.9A-105, 62A.9A-106, or 62A.9A-107 has the rights and duties provided in RCW 62A.9A-207.
     (((c))) (3) Rights cumulative; simultaneous exercise. The rights under subsections (((a) and (b))) (1) and (2) of this section are cumulative and may be exercised simultaneously.
     (((d))) (4) Rights of debtor and obligor. Except as otherwise provided in subsection (((g))) (7) of this section and RCW 62A.9A-605, after default, a debtor and an obligor have the rights provided in this part and by agreement of the parties.
     (((e))) (5) Lien of levy after judgment. If a secured party has reduced its claim to judgment, the lien of any levy that may be made upon the collateral by virtue of an execution based upon the judgment relates back to the earliest of:
     (((1))) (a) The date of perfection of the security interest or agricultural lien in the collateral;
     (((2))) (b) The date of filing a financing statement covering the collateral; or
     (((3))) (c) Any date specified in a statute under which the agricultural lien was created.
     (((f))) (6) Execution sale. A sale pursuant to an execution is a foreclosure of the security interest or agricultural lien by judicial procedure within the meaning of this section. A secured party may purchase at the sale and thereafter hold the collateral free of any other requirements of this Article.
     (((g))) (7) Consignor or buyer of certain rights to payment. Except as otherwise provided in RCW 62A.9A-607(((c))) (3), this part imposes no duties upon a secured party that is a consignor or is a buyer of accounts, chattel paper, payment intangibles, or promissory notes.
     (((h))) (8) Enforcement restrictions. All rights and remedies provided in this part with respect to promissory notes or an agreement between an account debtor and a debtor which relates to a health-care-insurance receivable or a general intangible, including a contract, permit, license, or franchise, are subject to RCW 62A.9A-408 to the extent applicable.

Sec. 623   RCW 62A.9A-602 and 2000 c 250 s 9A-602 are each amended to read as follows:
     Except as otherwise provided in RCW 62A.9A-624, to the extent that they give rights to an obligor (other than a secondary obligor) or a debtor 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) RCW 62A.9A-207(b)(4)(C), which deals with use and operation of the collateral by the secured party;
     (2) RCW 62A.9A-210, which deals with requests for an accounting and requests concerning a list of collateral and statement of account;
     (3) RCW 62A.9A-607(((c))) (3), which deals with collection and enforcement of collateral;
     (4) RCW 62A.9A-608(a) and 62A.9A-615(c) to the extent that they deal with application or payment of noncash proceeds of collection, enforcement, or disposition;
     (5) RCW 62A.9A-608(a) and 62A.9A-615(d) to the extent that they require accounting for or payment of surplus proceeds of collateral;
     (6) RCW 62A.9A-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) RCW 62A.9A-610(b), 62A.9A-611, 62A.9A-613, and 62A.9A-614, which deal with disposition of collateral;
     (8) [Reserved]
     (9) RCW 62A.9A-616, which deals with explanation of the calculation of a surplus or deficiency;
     (10) RCW 62A.9A-620, 62A.9A-621, and 62A.9A-622, which deal with acceptance of collateral in satisfaction of obligation;
     (11) RCW 62A.9A-623, which deals with redemption of collateral;
     (12) RCW 62A.9A-624, which deals with permissible waivers; and
     (13) RCW 62A.9A-625 and 62A.9A-626, which deal with the secured party's liability for failure to comply with this Article."

"Sec. 624   RCW 62A.9A-625 and 2001 c 32 s 44 are each amended to read as follows:
     (((a))) (1) Judicial orders concerning noncompliance. If it is established that a secured party is not proceeding in accordance with this Article, a court may order or restrain collection, enforcement, or disposition of collateral on appropriate terms and conditions.
     (((b))) (2) Damages for noncompliance. Subject to subsections (((c), (d), and (f))) (3), (4), and (6) of this section, a person is liable for damages in the amount of any loss caused by a failure to comply with this Article or by filing a false statement under RCW 62A.9A-607(((b))) (2) or 62A.9A-619. Loss caused by a failure to comply may include loss resulting from the debtor's inability to obtain, or increased costs of, alternative financing.
     (((c))) (3) Persons entitled to recover damages; statutory damages in consumer-goods transaction. Except as otherwise provided in RCW 62A.9A-628:
     (((1))) (a) A person that, at the time of the failure, was a debtor, was an obligor, or held a security interest in or other lien on the collateral may recover damages under subsection (((b))) (2) of this section for its loss; and
     (((2))) (b) If the collateral is consumer goods, a person that was a debtor or a secondary obligor at the time a secured party failed to comply with this part may recover for that failure in any event an amount not less than the credit service charge plus ten percent of the principal amount of the obligation or the time-price differential plus ten percent of the cash price.
     (((d))) (4) Recovery when deficiency eliminated or reduced. A debtor whose deficiency is eliminated under RCW 62A.9A-626 may recover damages for the loss of any surplus. However, a debtor or secondary obligor may not recover under subsection (((b) or (c)(2))) (2) or (3)(b) of this section for noncompliance with the provisions of this part relating to collection, enforcement, disposition, or acceptance to the extent that its deficiency is eliminated or reduced under RCW 62A.9A-626.
     (((e))) (5) Statutory damages: Noncompliance with specified provisions. In addition to any damages recoverable under subsection (((b))) (2) of this section, the debtor, consumer obligor, or person named as a debtor in a filed record, as applicable, may recover five hundred dollars in each case from a person that:
     (((1))) (a) Fails to comply with RCW 62A.9A-208;
     (((2))) (b) Fails to comply with RCW 62A.9A-209;
     (((3))) (c) Files a record that the person is not entitled to file under RCW 62A.9A-509(a);
     (((4))) (d) Fails to cause the secured party of record to file or send a termination statement as required by RCW 62A.9A-513 (a) or (c) within twenty days after the secured party receives an authenticated demand from a debtor;
     (((5))) (e) Fails to comply with RCW 62A.9A-616(b)(1) and whose failure is part of a pattern, or consistent with a practice, of noncompliance; or
     (((6))) (f) Fails to comply with RCW 62A.9A-616(b)(2).
     (((f))) (6) Statutory damages: Noncompliance with RCW 62A.9A-210. A debtor or consumer obligor may recover damages under subsection (((b))) (2) of this section and, in addition, five hundred dollars in each case from a person that, without reasonable cause, fails to comply with a request under RCW 62A.9A-210. A recipient of a request under RCW 62A.9A-210 which never claimed an interest in the collateral or obligations that are the subject of a request under RCW 62A.9A-210 has a reasonable excuse for failure to comply with the request within the meaning of this subsection.
     (((g))) (7) Limitation of security interest: Noncompliance with RCW 62A.9A-210. If a secured party fails to comply with a request regarding a list of collateral or a statement of account under RCW 62A.9A-210, the secured party may claim a security interest only as shown in the list or statement included in the request as against a person that is reasonably misled by the failure.

Sec. 625   RCW 62A.9A-628 and 2001 c 32 s 45 are each amended to read as follows:
     (((a))) (1) Limitation of liability of secured party for noncompliance with article. Unless a secured party knows that a person is a debtor or obligor, knows the identity of the person, and knows how to communicate with the person:
     (((1))) (a) The secured party is not liable to the person, or to a secured party or lienholder that has filed a financing statement against the person, for failure to comply with this Article; and
     (((2))) (b) The secured party's failure to comply with this Article does not affect the liability of the person for a deficiency.
     (((b))) (2) Limitation of liability based on status as secured party. A secured party is not liable because of its status as secured party:
     (((1))) (a) To a person that is a debtor or obligor, unless the secured party knows:
     (((A))) (i) That the person is a debtor or obligor;
     (((B))) (ii) The identity of the person; and
     (((C))) (iii) How to communicate with the person; or
     (((2))) (b) To a secured party or lienholder that has filed a financing statement against a person, unless the secured party knows:
     (((A))) (i) That the person is a debtor; and
     (((B))) (ii) The identity of the person.
     (((c))) (3) Limitation of liability if reasonable belief that transaction not a consumer-goods transaction or consumer transaction. A secured party is not liable to any person, and a person's liability for a deficiency is not affected, because of any act or omission arising out of the secured party's reasonable belief that a transaction is not a consumer-goods transaction or a consumer transaction or that goods are not consumer goods, if the secured party's belief is based on its reasonable reliance on:
     (((1))) (a) A debtor's representation concerning the purpose for which collateral was to be used, acquired, or held; or
     (((2))) (b) An obligor's representation concerning the purpose for which a secured obligation was incurred.
     (((d))) (4) Limitation of liability for statutory damages. A secured party is not liable to any person under RCW 62A.9A-625(((c)(2))) (3)(b) for its failure to comply with RCW 62A.9A-616.
     (((e))) (5) Limitation of multiple liability for statutory damages. A secured party is not liable under RCW 62A.9A-625(((c)(2))) (3)(b) more than once with respect to any one secured obligation."