47-9611
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47-9611. 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 47-9610 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: 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 section 47-9311, subsection 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, paragraph 3, subdivision (b) of this section 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, paragraph 3, subdivision (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 named in that response and whose financing statement covered the collateral. |