(1) A notification of disposition must provide the following information:
(a) The information specified in ORS 79.0613 (1);
(b) A description of any liability for a deficiency of the person to which the notification is sent;
(c) A telephone number from which the amount that must be paid to the secured party to redeem the collateral under ORS 79.0623 is available; and
(d) A telephone number or mailing address from which additional information concerning the disposition and the obligation secured is available.
(2) A particular phrasing of the notification is not required.
(3) The following form of notification, when completed, provides sufficient information:
______________________________________________________________________________
(Name and address of secured party)
(Date)
NOTICE OF OUR PLAN
TO SELL PROPERTY
(Name and address of any obligor who is also a debtor)
Subject: (Identification of Transaction)
We have your (describe collateral), because you broke promises in our agreement.
For a public disposition:
We will sell (describe collateral) at public sale. A sale could include a lease or license. The sale will be held as follows:
Day and date: _____
Time: _____
Place: _____
You may attend the sale and bring bidders if you want.
For a private disposition:
We will sell (describe collateral) at private sale sometime after (date). A sale could include a lease or license.
The money that we get from the sale, after paying our costs, will reduce the amount you owe. If we get less money than you owe, you (will or will not, as applicable) still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else.
You can get the property back at any time before we sell it by paying us the full amount you owe (not just the past due payments), including our expenses. To learn the exact amount you must pay, call us at (telephone number).
If you want us to explain to you in writing how we have figured the amount that you owe us, you may call us at (telephone number) or write us at (secured party’s address) and request a written explanation. We will charge you $_____ for the explanation if we sent you another written explanation of the amount you owe us within the last six months.
If you need more information about the sale call us at (telephone number) or write us at (secured party’s address).
We are sending this notice to the following other people who have an interest in (describe collateral) or who owe money under your agreement:
(Names of all other debtors and obligors, if any.)
______________________________________________________________________________
(4) A notification in the form of subsection (3) of this section is sufficient, even if the form includes additional information.
(5) A notification in the form of subsection (3) of this section is sufficient, even if it includes minor errors in information not required by subsection (1) of this section, unless the error is seriously misleading.
(6) If a notification under this section is not in the form of subsection (3) of this section, law other than this chapter determines the effect of including information not required by subsection (1) of this section. [2001 c.445 §112]
Structure 2021 Oregon Revised Statutes
Volume : 02 - Business Organizations, Commercial Code
Chapter 079 - Secured Transactions
Section 79.0102 - UCC 9-102. Definitions and index of definitions.
Section 79.0104 - UCC 9-104. Control of deposit account.
Section 79.0105 - UCC 9-105. Control of electronic chattel paper.
Section 79.0106 - UCC 9-106. Control of investment property.
Section 79.0108 - UCC 9-108. Sufficiency of description.
Section 79.0109 - UCC 9-109. Scope.
Section 79.0110 - UCC 9-110. Security interests arising under ORS chapter 72 or 72A.
Section 79.0201 - UCC 9-201. General effectiveness of security agreement.
Section 79.0204 - UCC 9-204. After-acquired property; future advances.
Section 79.0205 - UCC 9-205. Use or disposition of collateral permissible.
Section 79.0206 - UCC 9-206. Security interest arising in purchase or delivery of financial asset.
Section 79.0208 - UCC 9-208. Additional duties of secured party having control of collateral.
Section 79.0301 - UCC 9-301. Law governing perfection and priority of security interests.
Section 79.0307 - UCC 9-307. Location of debtor.
Section 79.0309 - UCC 9-309. Security interest perfected upon attachment.
Section 79.0314 - UCC 9-314. Perfection by control.
Section 79.0315 - UCC 9-315. Secured party’s rights on disposition of collateral and in proceeds.
Section 79.0316 - UCC 9-316. Effect of change in governing law.
Section 79.0319 - UCC 9-319. Rights and title of consignee with respect to creditors and purchasers.
Section 79.0320 - UCC 9-320. Buyer of goods.
Section 79.0323 - UCC 9-323. Future advances.
Section 79.0324 - UCC 9-324. Priority of purchase-money security interests.
Section 79.0325 - UCC 9-325. Priority of security interests in transferred collateral.
Section 79.0326 - UCC 9-326. Priority of security interests created by new debtor.
Section 79.0327 - UCC 9-327. Priority of security interests in deposit account.
Section 79.0328 - UCC 9-328. Priority of security interests in investment property.
Section 79.0329 - UCC 9-329. Priority of security interests in letter-of-credit right.
Section 79.0330 - UCC 9-330. Priority of purchaser of chattel paper or instrument.
Section 79.0332 - UCC 9-332. Transfer of money; transfer of funds from deposit account.
Section 79.0333 - UCC 9-333. Priority of certain liens arising by operation of law.
Section 79.0334 - UCC 9-334. Priority of security interests in fixtures and crops.
Section 79.0335 - UCC 9-335. Accessions.
Section 79.0336 - UCC 9-336. Commingled goods.
Section 79.0340 - UCC 9-340. Effectiveness of right of recoupment or setoff against deposit account.
Section 79.0341 - UCC 9-341. Bank’s rights and duties with respect to deposit account.
Section 79.0401 - UCC 9-401. Alienability of debtor’s rights.
Section 79.0403 - UCC 9-403. Agreement not to assert defenses against assignee.
Section 79.0404 - UCC 9-404. Rights acquired by assignee; claims and defenses against assignee.
Section 79.0405 - UCC 9-405. Modification of assigned contract.
Section 79.0409 - UCC 9-409. Restrictions on assignment of letter-of-credit rights ineffective.
Section 79.0501 - UCC 9-501. Filing office.
Section 79.0503 - UCC 9-503. Name of debtor and secured party.
Section 79.0504 - UCC 9-504. Indication of collateral.
Section 79.0506 - UCC 9-506. Effect of errors or omissions.
Section 79.0507 - UCC 9-507. Effect of certain events on effectiveness of financing statement.
Section 79.0509 - UCC 9-509. Persons entitled to file a record.
Section 79.0510 - UCC 9-510. Effectiveness of filed record.
Section 79.0511 - UCC 9-511. Secured party of record.
Section 79.0512 - UCC 9-512. Amendment of financing statement.
Section 79.0513 - UCC 9-513. Termination statement.
Section 79.0514 - UCC 9-514. Assignment of powers of secured party of record.
Section 79.0516 - UCC 9-516. What constitutes filing; effectiveness of filing.
Section 79.0518 - UCC 9-518. Claim concerning inaccurate or wrongfully filed record.
Section 79.0520 - UCC 9-520. Acceptance and refusal to accept record.
Section 79.0522 - UCC 9-522. Maintenance and destruction of records.
Section 79.0523 - UCC 9-523. Information from filing office; sale or license of records.
Section 79.0524 - UCC 9-524. Delay by filing office.
Section 79.0525 - UCC 9-525. Fees; rules.
Section 79.0526 - UCC 9-526. Filing-office rules.
Section 79.0602 - UCC 9-602. Waiver and variance of rights and duties.
Section 79.0603 - UCC 9-603. Agreement on standards concerning rights and duties.
Section 79.0604 - UCC 9-604. Procedure if security agreement covers real property or fixtures.
Section 79.0605 - UCC 9-605. Unknown debtor or secondary obligor.
Section 79.0607 - UCC 9-607. Collection and enforcement by secured party.
Section 79.0609 - UCC 9-609. Secured party’s right to take possession after default.
Section 79.0610 - UCC 9-610. Disposition of collateral after default.
Section 79.0611 - UCC 9-611. Notification before disposition of collateral.
Section 79.0612 - UCC 9-612. Timeliness of notification before disposition of collateral.
Section 79.0616 - UCC 9-616. Explanation of calculation of surplus or deficiency.
Section 79.0617 - UCC 9-617. Rights of transferee of collateral.
Section 79.0618 - UCC 9-618. Rights and duties of certain secondary obligors.
Section 79.0619 - UCC 9-619. Transfer of record or legal title.
Section 79.0621 - UCC 9-621. Notification of proposal to accept collateral.
Section 79.0622 - UCC 9-622. Effect of acceptance of collateral.
Section 79.0623 - UCC 9-623. Right to redeem collateral.
Section 79.0624 - UCC 9-624. Waiver.
Section 79.0625 - UCC 9-625. Remedies for secured party’s failure to comply with article.
Section 79.0626 - UCC 9-626. Action in which deficiency or surplus is in issue.
Section 79.0627 - UCC 9-627. Determination of whether conduct was commercially reasonable.