Current through the 2024 Regular Session
Section 28-9-611 - NOTIFICATION BEFORE DISPOSITION OF COLLATERAL(a) 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 an authenticated notification of disposition; or(2) The debtor and any secondary obligor waive the right to notification.(b) Except as otherwise provided in subsection (d) of this section, a secured party that disposes of collateral under section 28-9-610 shall send to the persons specified in subsection (c) of this section a reasonable authenticated notification of disposition.(c) To comply with subsection (b) of this section, the secured party shall send an authenticated notification of disposition to:(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 (10) 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 (10) days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in section 28-9-311(a).(d) Subsection (b) of this 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) A secured party complies with the requirement for notification prescribed by subsection (c)(3)(B) of this section if:(1) Not later than twenty (20) days or earlier than thirty (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 subsection (c)(3)(B) of this 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.[28-9-611, added 2001, ch. 208, sec. 2, p. 784.]