(a) Contents and form of notification. Except in a consumer-goods transaction, the following rules apply:
(1) The contents of a notification of disposition are
sufficient if the notification:
(A) describes the debtor and the secured party;
(B) describes the collateral that is the subject
of the intended disposition;
(C) states the method of intended disposition;
(D) states that the debtor is entitled to an
accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and
(E) 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 that 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 is accompanied by or combined other notification or includes:
(A) information not specified by that paragraph;
or
(B) minor errors that 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 9-614(a)(4), when completed in accordance with the instructions in subsection (b) and Section 9-614(b), 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)
{1} Name of any debtor that is not an addressee: (Name of each debtor)
{2} We will sell (describe collateral) (to the highest qualified bidder) at public sale. A sale could include a lease or license. The sale will be held as follows:
(Date)
(Time)
(Place)
{3} We will sell (describe collateral) at private sale sometime after (date). A sale could include a lease or license.
{4} You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell or, as applicable, lease or license.
{5} If you request an accounting you must pay a charge of $ (amount).
{6} You may request an accounting by calling us at (telephone number).
[End of Form]
(b) Instructions for form of notification. The following instructions apply to the form of notification in subsection (a)(5):
(1) The instructions in this subsection refer to the
numbers in braces before items in the form of notification in subsection (a)(5). Do not include the numbers or braces in the notification. The numbers and braces are used only for the purpose of these instructions.
(2) Include and complete item {1} only if there is a
debtor that is not an addressee of the notification and list the name or names.
(3) Include and complete either item {2}, if the
notification relates to a public disposition of the collateral, or item {3}, if the notification relates to a private disposition of the collateral. If item {2} is included, include the words "to the highest qualified bidder" only if applicable.
(4) Include and complete items {4} and {6}.
(5) Include and complete item {5} only if the sender
will charge the recipient for an accounting.
sufficient if the notification:
of the intended disposition;
accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and
disposition or the time after which any other disposition is to be made.
any of the information specified in paragraph (1) are nevertheless sufficient is a question of fact.
substantially the information specified in paragraph (1) are sufficient, even if the notification is accompanied by or combined other notification or includes:
or
misleading.
required.
appearing in Section 9-614(a)(4), when completed in accordance with the instructions in subsection (b) and Section 9-614(b), each provides sufficient information:
numbers in braces before items in the form of notification in subsection (a)(5). Do not include the numbers or braces in the notification. The numbers and braces are used only for the purpose of these instructions.
debtor that is not an addressee of the notification and list the name or names.
notification relates to a public disposition of the collateral, or item {3}, if the notification relates to a private disposition of the collateral. If item {2} is included, include the words "to the highest qualified bidder" only if applicable.
will charge the recipient for an accounting.‹ Prev All Illinois sections Next ›
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