§ 8.9A-611 – Notification before disposition of collateral

a. “Notification date.” In this section, “notification date” means the earlier of the date on which:

1. a secured party sends to the debtor and any secondary obligor a signed notification of disposition; or

2. the debtor and any secondary obligor waive the right to notification.

b. Notification of disposition required. Except as otherwise provided in subsection (d), a secured party that disposes of collateral under § 8.9A-610 shall send to the persons specified in subsection (c) a reasonable signed notification of disposition.

c. Persons to be notified. To comply with subsection (b), the secured party shall send a signed notification of disposition to:

1. the debtor;

2. any secondary obligor; and

3. if the collateral is other than consumer goods:

A. any other person from which the secured party has received, before the notification date, a signed notification of a claim of an interest in the collateral;

B. any other secured party or lienholder that, ten days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:

i. identified the collateral;

ii. was indexed under the debtor’s name as of that date; and

iii. was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date; and

C. any other secured party that, ten days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in § 8.9A-311 (a).

d. Subsection (b) inapplicable; perishable collateral; recognized market. Subsection (b) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market.

e. Compliance with subsection (c) (3) (B). A secured party complies with the requirement for notification prescribed by subsection (c) (3) (B) if:

1. not later than twenty days or earlier than thirty days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtor’s name in the office indicated in subsection (c) (3) (B); and

2. before the notification date, the secured party:

A. did not receive a response to the request for information; or

B. received a response to the request for information and sent a signed notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral.