Sec. 9613.
Except in a consumer-goods transaction, the following rules apply:
(a) The contents of a notification of disposition are sufficient if the notification does all of the following:
(i) Describes the debtor and the secured party.
(ii) Describes the collateral that is the subject of the intended disposition.
(iii) States the method of intended disposition.
(iv) States that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting.
(v) States the time and place of a public disposition or the time after which any other disposition is to be made.
(b) Whether the contents of a notification that lacks any of the information specified in subdivision (a) are nevertheless sufficient is a question of fact.
(c) The contents of a notification providing substantially the information specified in subdivision (a) are sufficient, even if the notification includes information not specified by that paragraph or minor errors that are not seriously misleading.
(d) A particular phrasing of the notification is not required.
(e) The following form of notification and the form appearing in section 9614(c), when completed, each provides sufficient information:
We will sell [or lease or license, as applicable] the [describe collateral] [to the highest qualified bidder] in public as follows:
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: Add. 2000, Act 348, Eff. July 1, 2001
Structure Michigan Compiled Laws
Chapter 440 - Uniform Commercial Code
Act 174 of 1962 - Uniform Commercial Code (440.1101 - 440.11102)
Article 9 - Secured Transactions (440.9101...440.9994)
174-1962-9-6 - Part 6 Default (440.9601...440.9628)
174-1962-9-6-1. - Subpart 1. Default and Enforcement of Security Interest (440.9601...440.9624)
Section 440.9602 - Waiver and Variance of Rights and Duties.
Section 440.9603 - Agreement on Standards Concerning Rights and Duties.
Section 440.9604 - Procedure if Security Agreement Covers Real Property or Fixtures.
Section 440.9605 - Unknown Debtor or Secondary Obligor.
Section 440.9606 - Time of Default for Agricultural Lien.
Section 440.9607 - Collection and Enforcement by Secured Party.
Section 440.9609 - Secured Party's Right to Take Possession After Default.
Section 440.9610 - Disposition of Collateral After Default.
Section 440.9611 - Notification Before Disposition of Collateral.
Section 440.9612 - Timeliness of Notification Before Disposition of Collateral.
Section 440.9613 - Contents and Form of Notification Before Disposition of Collateral; Generally.
Section 440.9616 - Explanation of Calculation of Surplus or Deficiency.
Section 440.9617 - Rights of Transferee of Collateral.
Section 440.9618 - Rights and Duties of Certain Secondary Obligors.
Section 440.9619 - Transfer of Record or Legal Title.
Section 440.9621 - Notification of Proposal to Accept Collateral.
Section 440.9622 - Effect of Acceptance of Collateral.