Section 9–614. In a consumer-goods transaction, the following rules apply:
(1) A notification of disposition must provide the following information:
(A) the information specified in Section 9–613(l);
(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 Section 9–623 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:
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 6 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)
(End of Form)
(4) A notification in the form of paragraph (3) is sufficient, even if additional information appears at the end of the form.
(5) A notification in the form of paragraph (3) is sufficient, even if it includes errors in information not required by paragraph (1), unless the error is misleading with respect to rights arising under this article.
(6) If a notification under this section is not in the form of paragraph (3), law other than this article determines the effect of including information not required by paragraph (1).
Structure Massachusetts General Laws
Part I - Administration of the Government
Title XV - Regulation of Trade
Chapter 106 - Uniform Commercial Code
Article 9 - Secured Transactions
Section 9-403 - Agreement Not to Assert Defenses Against Assignee
Section 9-402 - Secured Party Not Obligated on Contract of Debtor or in Tort
Section 9-401 - Alienability of Debtor's Rights
Section 9-342 - Bank's Right to Refuse to Enter Into or Disclose Existence of Control Agreement
Section 9-341 - Bank's Rights and Duties With Respect to Deposit Account
Section 9-340 - Effectiveness of Right of Recoupment or Set-Off Against Deposit Account
Section 9-337 - Priority of Security Interests in Goods Covered by Certificate of Title
Section 9-332 - Transfer of Money; Transfer of Funds From Deposit Account
Section 9-334 - Priority of Security Interests in Fixtures and Crops
Section 9-333 - Priority of Certain Liens Arising by Operation of Law
Section 9-404 - Rights Acquired by Assignee; Claims and Defenses Against Assignee
Section 9-330 - Priority of Purchaser of Chattel Paper or Instrument
Section 9-329 - Priority of Security Interests in Letter-of-Credit Right
Section 9-328 - Priority of Security Interests in Investment Property
Section 9-336 - Commingled Goods
Section 9-405 - Modification of Assigned Contract
Section 9-516 - What Constitutes Filing; Effectiveness of Filing
Section 9-514 - Assignment of Powers of Secured Party of Record
Section 9-513 - Termination Statement
Section 9-512 - Amendment of Financing Statement
Section 9-511 - Secured Party of Record
Section 9-510 - Effectiveness of Filed Record
Section 9-509 - Persons Entitled to File a Record
Section 9-507 - Effect of Certain Events on Effectiveness of Financing Statement
Section 9-506 - Effect of Errors or Omissions
Section 9-504 - Indication of Collateral
Section 9-503 - Name of Debtor and Secured Party
Section 9-327 - Priority of Security Interests in Deposit Account
Section 9-409 - Restrictions on Assignment of Letter–of–credit Rights Ineffective
Section 9-326 - Priority of Security Interests Created by New Debtor
Section 9-320 - Buyer of Goods
Section 9-324 - Priority of Purchase-Money Security Interests
Section 9-209 - Duties of Secured Party if Account Debtor Has Been Notified of Assignment
Section 9-208 - Additional Duties of Secured Party Having Control of Collateral
Section 9-207 - Rights and Duties of Secured Party Having Possession or Control of Collateral
Section 9-206 - Security Interest Arising in Purchase or Delivery of Financial Asset
Section 9-205 - Use or Disposition of Collateral Permissible
Section 9-204 - After–acquired Property; Future Advances
Section 9-202 - Title to Collateral Immaterial
Section 9-201 - General Effectiveness of Security Agreement
Section 9-110 - Security Interests Arising Under Article 2 or 2a
Section 9-108 - Sufficiency of Description
Section 9-107 - Control of Letter-of-Credit Right
Section 9-106 - Control of Investment Property
Section 9-105 - Control of Electronic Chattel Paper
Section 9-104 - Control of Deposit Account
Section 9-103 - Purchase-Money Security Interest; Application of Payments; Burden of Establishing
Section 9-102 - Definitions and Index of Definitions
Section 9-210 - Request for Accounting; Request Regarding List of Collateral or Statement of Account
Section 9-325 - Priority of Security Interests in Transferred Collateral
Section 9-301 - Law Governing Perfection and Priority of Security Interests
Section 9-323 - Future Advances
Section 9-321 - License of General Intangible and Lessee of Goods in Ordinary Course of Business
Section 9-319 - Rights and Title of Consignee With Respect to Creditors and Purchasers
Section 9-316 - Continued Perfection of Security Interest Following Change in Governing Law
Section 9-315 - Secured Party's Rights on Disposition of Collateral and in Proceeds
Section 9-314 - Perfection by Control
Section 9-517 - Effect of Indexing Errors
Section 9-309 - Security Interest Perfected Upon Attachment
Section 9-308 - When Security Interest or Agricultural Lien Is Perfected; Continuity of Perfection
Section 9-307 - Location of Debtor
Section 9-305 - Law Governing Perfection and Priority of Security Interests in Investment Property
Section 9-304 - Law Governing Perfection and Priority of Security Interests in Deposit Accounts
Section 9-302 - Law Governing Perfection and Priority of Agricultural Liens
Section 9-520 - Acceptance and Refusal to Accept Record
Section 9-623 - Right to Redeem Collateral
Section 9-625 - Remedies for Secured Party's Failure to Comply With Article
Section 9-626 - Action in Which Deficiency or Surplus Is in Issue
Section 9-627 - Determination of Whether Conduct Was Commercially Reasonable
Section 9-701 - Effective Date
Section 9-702 - Savings Clause
Section 9-703 - Security Interest Perfected Before Effective Date
Section 9-704 - Security Interest Unperfected Before Effective Date
Section 9-705 - Effectiveness of Action Taken Before Effective Date
Section 9-707 - Amendment of Pre-Effective-Date Financing Statement
Section 9-708 - Persons Entitled to File Initial Financing Statement or Continuation Statement
Section 9-801 - Effective Date
Section 9-802 - Savings Clause
Section 9-803 - Security Interest Perfected Before Effective Date
Section 9-804 - Security Interest Unperfected Before Effective Date
Section 9-805 - Effectiveness of Action Taken Before Effective Date
Section 9-807 - Amendment of Pre–effective Date Financing Statement
Section 9-808 - Person Entitled to File Initial Financing Statement or Continuation Statement
Section 9-518 - Claim Concerning Inaccurate or Wrongfully Filed Record
Section 9-622 - Effect of Acceptance of Collateral
Section 9-621 - Notification of Proposal to Accept Collateral
Section 9-339 - Priority Subject to Subordination
Section 9-619 - Transfer of Record or Legal Title
Section 9-522 - Maintenance and Destruction of Records
Section 9-523 - Information From Filing Office; Sale or License of Records
Section 9-524 - Delay by Filing Office
Section 9-526 - Filing–office Rules
Section 9-602 - Waiver and Variance of Rights and Duties
Section 9-603 - Agreement on Standards Concerning Rights and Duties
Section 9-604 - Procedure if Security Agreement Covers Real Property or Fixtures
Section 9-605 - Unknown Debtor or Secondary Obligor
Section 9-606 - Time of Default for Agricultural Lien
Section 9-521 - Uniform Form of Written Financing Statement and Amendment
Section 9-607 - Collection and Enforcement by Secured Party
Section 9-618 - Rights and Duties of Certain Secondary Obligors
Section 9-617 - Rights of Transferee of Collateral
Section 9-616 - Explanation of Calculation of Surplus or Deficiency
Section 9-613 - Contents and Form of Notification Before Disposition of Collateral: General
Section 9-612 - Timeliness of Notification Before Disposition of Collateral
Section 9-611 - Notification Before Disposition of Collateral
Section 9-610 - Disposition of Collateral After Default
Section 9-609 - Secured Party's Right to Take Possession After Default