§9-1614. Contents and form of notification before disposition of collateral: consumer-goods transaction
In a consumer-goods transaction, the following rules apply. [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(1). A notification of disposition must provide the following information:
(a). The information specified in section 9-1613, subsection (1); [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(b). A description of any liability for a deficiency of the person to which the notification is sent; [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(c). A telephone number from which the amount that must be paid to the secured party to redeem the collateral under section 9-1623 is available; and [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(d). A telephone number or mailing address from which additional information concerning the disposition and the obligation secured is available. [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(2). A particular phrasing of the notification is not required.
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(3). The following form of notification, when completed, provides sufficient information.
[Name and or addresses of intended recipient]
[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.
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.
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]
[End of Form]
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(4). A notification in the form of subsection (3) is sufficient, even if additional information appears at the end of the form.
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(5). A notification in the form of subsection (3) is sufficient, even if it includes errors in information not required by subsection (1), unless the error is misleading with respect to rights arising under this Article.
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(6). If a notification under this section is not in the form of subsection (3), law other than this Article determines the effect of including information not required by subsection (1).
[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
SECTION HISTORY
PL 1999, c. 699, §A2 (NEW). PL 1999, c. 699, §A4 (AFF).
Structure Maine Revised Statutes
TITLE 11: UNIFORM COMMERCIAL CODE
Subpart 1: DEFAULT AND ENFORCEMENT OF SECURITY INTEREST
11 §9-1602. Waiver and variance of rights and duties
11 §9-1603. Agreement on standards concerning rights and duties
11 §9-1604. Procedure if security agreement covers real property or fixtures
11 §9-1605. Unknown debtor or secondary obligor
11 §9-1606. Time of default for agricultural lien
11 §9-1607. Collection and enforcement by secured party
11 §9-1609. Secured party's right to take possession after default
11 §9-1610. Disposition of collateral after default
11 §9-1611. Notification before disposition of collateral
11 §9-1612. Timeliness of notification before disposition of collateral
11 §9-1613. Contents and form of notification before disposition of collateral: general
11 §9-1615. Application of proceeds of disposition; liability for deficiency and right to surplus
11 §9-1616. Explanation of calculation of surplus or deficiency
11 §9-1617. Rights of transferee of collateral
11 §9-1618. Rights and duties of certain secondary obligors
11 §9-1619. Transfer of record or legal title
11 §9-1621. Notification of proposal to accept collateral
11 §9-1622. Effect of acceptance of collateral