§ 9613. Contents and form of notification before disposition of collateral: general.
Except in a consumer-goods transaction, the following rules apply:
(1) The contents of a notification of disposition are sufficient if the notification:
(i) describes the debtor and the secured party;
(ii) describes the collateral which is the subject of the intended disposition;
(iii) states the method of intended disposition;
(iv) states that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and
(v) 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 which lacks any of the information specified in paragraph (1) are nevertheless sufficient is a question of fact.
(3) The contents of a notification providing substantially the information specified in paragraph (1) are sufficient even if the notification includes:
(i) information not specified by that paragraph; or
(ii) minor errors which 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 section 9614(3) (relating to contents and form of notification before disposition of collateral: consumer-goods transaction), 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).
(End of Form)
Cross References. Section 9613 is referred to in sections 9602, 9614 of this title.
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