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 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(3), when completed, each provides sufficient information:
NOTIFICATION OF DISPOSITION OF COLLATERAL
________________________________
To:
________________________________
From:
________________________________
Name of Debtor(s):
________________________________
[For a public disposition:
________________________________
We will sell [or lease or license, as applicable] the [describe collateral] [to the highest qualified bidder] in public as follows:
________________________________
Day and Date:
________________________________
Time:
________
Place:
[For a private disposition:
________________________________
We will sell [or lease or license, as applicable] the [describe collateral] privately sometime after [day and date].
You are entitled to an accounting of the unpaid indebtedness secured by the property that we intend to sell [or lease or license, as applicable] [for a charge of $ ________ ]. You may request an accounting by calling us at [telephone number].
________________________________
[End of Form]
Structure Delaware Code
Article 9. Secured Transactions
§ 9-602. Waiver and variance of rights and duties.
§ 9-603. Agreement on standards concerning rights and duties.
§ 9-604. Procedure if security agreement covers real property or fixtures.
§ 9-605. Unknown debtor or secondary obligor.
§ 9-606. Time of default for agricultural lien.
§ 9-607. Collection and enforcement by secured party.
§ 9-609. Secured party's right to take possession after default.
§ 9-610. Disposition of collateral after default.
§ 9-611. Notification before disposition of collateral.
§ 9-612. Timeliness of notification before disposition of collateral.
§ 9-613. Contents and form of notification before disposition of collateral: general.
§ 9-615. Application of proceeds of disposition; liability for deficiency and right to surplus.
§ 9-616. Explanation of calculation of surplus or deficiency.
§ 9-617. Rights of transferee of collateral.
§ 9-618. Rights and duties of certain secondary obligors.
§ 9-619. Transfer of record or legal title.
§ 9-621. Notification of proposal to accept collateral.
§ 9-622. Effect of acceptance of collateral.
§ 9-623. Right to redeem collateral.
§ 9-625. Remedies for secured party's failure to comply with article.
§ 9-626. Action in which deficiency or surplus is in issue.
§ 9-627. Determination of whether conduct was commercially reasonable.
§ 9-628. Nonliability and limitation on liability of secured party; liability of secondary obligor.