(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 subsection (1) are nevertheless sufficient is a question of fact.
(3) The contents of a notification providing substantially the information specified in subsection (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 s. 679.614(3), when completed, each provides sufficient information:
NOTIFICATION OF DISPOSITIONOF COLLATERAL
To: (Name of debtor, obligor, or other person to which the notification is sent)
From: (Name, address, and telephone number of secured party)
Name of Debtor(s): (Include only if debtor(s) are not an addressee)
[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) .
History.—s. 7, ch. 2001-198.
Structure Florida Statutes
Title XXXIX - Commercial Relations
Chapter 679 - Uniform Commercial Code: Secured Transactions
Part VI - Default (Ss. 679.601-679.628)
679.602 - Waiver and variance of rights and duties.
679.603 - Agreement on standards concerning rights and duties.
679.604 - Procedure if security agreement covers real property or fixtures.
679.605 - Unknown debtor or secondary obligor.
679.606 - Time of default for agricultural lien.
679.607 - Collection and enforcement by secured party.
679.609 - Secured party’s right to take possession after default.
679.610 - Disposition of collateral after default.
679.611 - Notification before disposition of collateral.
679.612 - Timeliness of notification before disposition of collateral.
679.613 - Contents and form of notification before disposition of collateral; general.
679.615 - Application of proceeds of disposition; liability for deficiency and right to surplus.
679.616 - Explanation of calculation of surplus or deficiency.
679.617 - Rights of transferee of collateral.
679.618 - Rights and duties of certain secondary obligors.
679.619 - Transfer of record or legal title.
679.621 - Notification of proposal to accept collateral.
679.622 - Effect of acceptance of collateral.
679.623 - Right to redeem collateral.
679.625 - Remedies for failure to comply with article.
679.626 - Action in which deficiency or surplus is in issue.
679.627 - Determination of whether conduct was commercially reasonable.
679.628 - Nonliability and limitation on liability of secured party; liability of secondary obligor.