Except in a consumer goods transaction, the following rules apply:
(1) the contents of a notification of disposition are sufficient if the notification
(A) describes the debtor and the secured party;
(B) describes the collateral that is the subject of the intended disposition;
(C) states the method of intended disposition;
(D) states that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and
(E) states the time and place of a public disposition or the time after which any other disposition is to be made;
(2) whether the contents of a notification that lacks any of the information specified in (1) of this section are nevertheless sufficient is a question of fact;
(3) the contents of a notification providing substantially the information specified in (1) of this section are sufficient even if the notification includes
(A) information not specified by that paragraph; or
(B) minor errors that are not seriously misleading;
(4) a particular phrasing of the notification is not required;
(5) the following form of notification and the form appearing in AS 45.29.614(3), when completed, each provides sufficient information:
NOTIFICATION OF DISPOSITION OF COLLATERAL
To: (Name of debtor, obligor, or other person to which the
notification is sent)
From: (Name, address, and telephone number of secured
party)
Name of Debtor(s): (Include only if debtor(s) are not an
addressee)
(For a public disposition:)
We will sell (or lease or license, as applicable) the
(describe collateral) (to the highest qualified bidder) in public
as follows:
Day and Date: ______________________________
Time: ______________________________
Place: ______________________________
(For a private disposition:)
We will sell (or lease or license, as applicable) the
(describe collateral) privately sometime after (day and date)
.
You are entitled to an accounting of the unpaid indebtedness
secured by the property that we intend to sell (or lease or license, as
applicable) (for a charge of $ ________________________ ). You may
request an accounting by calling us at (telephone number) .
Section: Previous 45.29.606 45.29.607 45.29.608 45.29.609 45.29.610 45.29.611 45.29.612 45.29.613 45.29.614 45.29.615 45.29.616 45.29.617 45.29.618 45.29.619 45.29.620 Next
Last modified: November 15, 2016