§ 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 a signed 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 9—610 of this title shall send to the persons specified in subsection (c) of this section a reasonable
signed notification of disposition.
(c) To comply with subsection (b) of this section, the secured party shall send a signed
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, a signed notification of a claim of an interest in the collateral;
(B) any other secured party or lienholder that, 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, 10 days before the notification date, held a security
interest in the collateral perfected by compliance with a statute, regulation, or
treaty described in subsection 9—311(a) of this title.
(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 in subdivision
(c)(3)(B) of this 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 subdivision
(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 a signed notification
of disposition to each secured party named in that response whose financing statement
covered the collateral. (Added 1999, No. 106 (Adj. Sess.), § 2, eff. July 1, 2001; amended 2025, No. 17, § 9, eff. July 1, 2025.)