§ 9611
421 words·~2 min read·
/ca/commercial-code/9611A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(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.
(2)The debtor and any secondary obligor waive the right to notification.
(b)Except as otherwise provided in subdivision (d), a secured party that disposes of collateral under Section 9610 shall send to the persons specified in subdivision
(c)a reasonable signed notification of disposition.
(c)To comply with subdivision (b), the secured party shall send a signed notification of disposition to all of the following persons:
(1)The debtor.
(2)Any secondary obligor.
(3)If the collateral is other than consumer goods to both of the following persons:
(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 with respect to which all of the following apply:
(i)It identified the collateral.
(ii)It was indexed under the debtor’s name as of that date.
(iii)It was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date.
(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 subdivision
(a)of Section 9311.
(d)Subdivision
(b)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 subparagraph
(B)of paragraph
(3)of subdivision
(c)if it satisfies both of the following conditions:
(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 subparagraph
(B)of paragraph
(3)of subdivision (c).
(2)Before the notification date, the secured party either:
(A)Did not receive a response to the request for information.
(B)Received a response to the request for information and sent a signed notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral.