Can a debtor waive his right to notice post default?

California, United States of America


The following excerpt is from Earl of Loveless, Inc. v. Gabele, 2 Cal.App.4th 27, 2 Cal.Rptr.2d 829 (Cal. App. 1991):

Other states have acknowledged the debtor may waive his right to notice post-default in certain circumstances. In Burdick v. Tucker (Colo.App.1989) 780 P.2d 34, 36, the court stated waiver "can be made only when the debtor knowingly and specifically agrees to waive his right to such notice." (Original italics.)

"[P]eaceful relinquishment of collateral by the debtor with knowledge that it will

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