Title 11, Chapter 9, Section 611
( 11-9-611)
Notification before disposition of collateral. (a) "Notification date." As used in this Code section, the term
"notification date" means the earlier of the date on which: (1) A secured party sends to the debtor and any secondary obligor
an authenticated 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) of this Code section, a secured party that disposes of collateral under Code Section 11-9-610 shall send to the persons specified in subsection (c) of this Code section a reasonable authenticated notification of disposition. (c) Persons to be notified. To comply with subsection (b) of this
Code section, the secured party shall send an authenticated
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, an authenticated 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 subsection (a) of Code Section 11-9-311. (d) Subsection (b) of this Code section inapplicable; perishable
collateral; recognized market. Subsection (b) of this Code section
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 subparagraph (c)(3)(B) of this Code section. A
secured party complies with the requirement for notification
prescribed by subparagraph (c)(3)(B) of this Code section if: (1) Not later than 20 days or earlier than 30 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
subparagraph (c)(3)(B) of this Code section; 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
an authenticated notification of disposition to each secured
party or other lienholder named in that response whose financing
statement covered the collateral. |