West Virginia Code § 46-9-611

Notification before disposition of collateral
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(a) "Notification date." 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) Notification of disposition required. Except as otherwise provided in subsection (d) of this
section, a secured party that disposes of collateral under section 9-610 shall send to the
persons specified in subsection (c) of this section a reasonable authenticated notification of
disposition.
(c) Persons to be notified. To comply with subsection (b), the secured party shall send an
authenticated notification of disposition to: l
(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 notificLation 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) IWdentified 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 9-311(a).
(d) Subsection (b) inapplicable: perishable collateral; recognized market. 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) Compliance with subsection (c)(3)(B). A secured party complies with the requirement for
notification prescribed by subsection (c)(3)(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)(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.

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