Effective: July 1, 2001
Latest Legislation: Senate Bill 74 - 124th General Assembly
(A) In a consumer-goods transaction, the following rules apply:
(1) A notification of disposition must provide all of the following information:
(a) The information specified in division (A)(1) of section 1309.613 of the Revised Code;
(b) A description of any liability for a deficiency of the person to whom 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 1309.623 of the Revised Code 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.
(B) The following form of notification of disposition, 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:
Day and 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 six 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)."
(C) A notification in, the form contained in division (B) of this section is sufficient, even if additional information appears at the end of the form.
(D) A notification in the form of division (B) of this section is sufficient, even if it includes errors in information not required by division (A)(1) of this section, unless the error is misleading with respect to rights arising under this chapter.
(E) If a notification under this section is not in the form contained in division (B) of this section, law other than this chapter determines the effect of including information not required by division (A)(1) of this section.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Chapter 1309 | Secured Transactions
Section 1309.101 | Short Title - Section Numbering - Ucc 9-101.
Section 1309.102 | Definitions and Index of Definitions - Ucc 9-102.
Section 1309.104 | Control of Deposit Account - Ucc 9-104.
Section 1309.105 | Control of Electronic Chattel Paper - Ucc 9-105.
Section 1309.106 | Control of Investment Property - Ucc 9-106.
Section 1309.107 | Control of Letter-of-Credit Right - Ucc 9-107.
Section 1309.108 | Sufficiency of Description - Ucc 9-108.
Section 1309.109 | Scope of Chapter - Ucc 9-109.
Section 1309.110 | Security Interests Arising Under Article 2 or 2a - Ucc 9-110.
Section 1309.201 | General Effectiveness of Security Agreement - Ucc 9-201.
Section 1309.202 | Title to Collateral Immaterial - Ucc 9-202.
Section 1309.204 | After-Acquired Property - Future Advances - Ucc 9-204.
Section 1309.205 | Use or Disposition of Collateral Permissible - Ucc 9-205.
Section 1309.206 | Security Interest Arising in Purchase or Delivery of Financial Asset - Ucc 9-206.
Section 1309.208 | Additional Duties of Secured Party Having Control of Collateral - Ucc 9-208.
Section 1309.301 | Law Governing Perfection and Priority of Security Interests - Ucc 9-301.
Section 1309.302 | Law Governing Perfection and Priority of Agricultural Liens - Ucc 9-302.
Section 1309.307 | Location of Debtor - Ucc 9-307.
Section 1309.309 | Security Interest Perfected Upon Attachment - Ucc 9-309.
Section 1309.312 | Perfection of Security Interests - Ucc 9-312.
Section 1309.314 | Perfection by Control - Ucc 9-314.
Section 1309.315 | Secured Party's Rights on Disposition of Collateral and in Proceeds - Ucc 9-315.
Section 1309.320 | Buyer of Goods - Ucc 9-320.
Section 1309.323 | Future Advances - Ucc 9-323.
Section 1309.324 | Priority of Purchase-Money Security Interests - Ucc 9-324.
Section 1309.325 | Priority of Security Interests in Transferred Collateral - Ucc 9-325.
Section 1309.326 | Priority of Security Interests Created by New Debtor - Ucc 9-326.
Section 1309.327 | Priority of Security Interests in Deposit Account - Ucc 9-327.
Section 1309.328 | Priority of Security Interests in Investment Property - Ucc 9-328.
Section 1309.329 | Priority of Security Interests in Letter-of-Credit Right - Ucc 9-329.
Section 1309.330 | Priority of Purchases of Chattel Paper or Instrument - Ucc 9-330.
Section 1309.332 | Transfer of Money - Transfer of Funds From Deposit Account - Ucc 9-332.
Section 1309.333 | Priority of Certain Liens Arising by Operation of Law - Ucc 9-333.
Section 1309.334 | Priority of Security Interests in Fixtures and Crops - Ucc 9-334.
Section 1309.335 | Accessions - Ucc 9-335.
Section 1309.336 | Commingled Goods - Ucc 9-336.
Section 1309.339 | Priority Subject to Subordination - Ucc 9-339.
Section 1309.341 | Bank's Rights and Duties With Respect to Deposit Account - Ucc 9-341.
Section 1309.401 | Alienability of Debtor's Rights - Ucc 9-401.
Section 1309.402 | Secured Party Not Obligated on Contract of Debtor or in Tort - Ucc 9-402.
Section 1309.403 | Agreement Not to Assert Defenses Against Assignee - Ucc 9-403.
Section 1309.404 | Rights Acquired by Assignee - Claims and Defenses Against Assignee - Ucc 9-404.
Section 1309.405 | Modification of Assigned Contract - Ucc 9-405.
Section 1309.406 | Discharge of Account Debtor - Ucc 9-406.
Section 1309.409 | Restrictions on Assignment of Letter-of-Credit Rights Ineffective - Ucc 9-409.
Section 1309.501 | Filing Office - Ucc 9-501.
Section 1309.503 | Name of Debtor and Secured Party - Ucc 9-503.
Section 1309.504 | Indication of Collateral - Ucc 9-504.
Section 1309.506 | Effect of Errors or Omissions - Ucc 9-506.
Section 1309.507 | Effect of Certain Events on Effectiveness of Financing Statement - Ucc 9-507.
Section 1309.509 | Persons Entitled to File a Record - Ucc 9-509.
Section 1309.510 | Effectiveness of Filed Record - Ucc 9-510.
Section 1309.511 | Secured Party of Record - Ucc 9-511.
Section 1309.512 | Amendment of Financing Statement - Ucc 9-512.
Section 1309.513 | Termination Statement - Ucc 9-513.
Section 1309.514 | Assignment of Powers of Secured Party of Record - Ucc 9-514.
Section 1309.516 | What Constitutes Filing - Effectiveness of Filing - Ucc 9-516.
Section 1309.517 | Effect of Indexing Errors - Ucc 9-517.
Section 1309.518 | Claim Concerning Inaccurate or Wrongfully Filed Record - Ucc 9-518.
Section 1309.520 | Acceptance and Refusal to Accept Record - Ucc 9-520.
Section 1309.521 | Uniform Form of Written Financing Statement and Amendment - Ucc 9-521.
Section 1309.522 | Maintenance and Destruction of Records - Ucc 9-522.
Section 1309.523 | Information From Filing Office - Sale or License of Records - Ucc 9-523.
Section 1309.524 | Delay by Filing Office - Ucc 9-524.
Section 1309.525 | Fees - Ucc 9-525.
Section 1309.526 | Filing-Office Rules - Ucc 9-526.
Section 1309.527 | Duty to Report - Ucc 9-527.
Section 1309.528 | Corporate and Uniform Commercial Code Filing Fund - Ucc 9-528.
Section 1309.529 | Distributions of Fees to County Recorders - Ucc 9-529.
Section 1309.602 | Waiver and Variance of Rights and Duties - Ucc 9-602.
Section 1309.603 | Agreement on Standards Concerning Rights and Duties - Ucc 9-603.
Section 1309.604 | Procedure if Security Agreement Covers Real Property or Fixtures - Ucc 9-604.
Section 1309.605 | Unknown Debtor or Secondary Obligor - Ucc 9-605.
Section 1309.606 | Time for Default for Agricultural Lien - Ucc 9-606.
Section 1309.607 | Collection and Enforcement by Secured Party - Ucc 9-607.
Section 1309.609 | Secured Party's Right to Take Possession After Default - Ucc 9-609.
Section 1309.610 | Disposition of Collateral After Default - Ucc 9-610.
Section 1309.611 | Notification Before Disposition of Collateral - Ucc 9-611.
Section 1309.612 | Timeliness of Notification Before Disposition of Collateral - Ucc 9-612.
Section 1309.616 | Explanation of Calculation of Surplus or Deficiency - Ucc 9-616.
Section 1309.617 | Rights of Transferee of Collateral - Ucc 9-617.
Section 1309.618 | Rights and Duties of Certain Secondary Obligors - Ucc 9-618.
Section 1309.619 | Transfer of Record or Legal Title - Ucc 9-619.
Section 1309.621 | Notification of Proposal to Accept Collateral - Ucc 9-621.
Section 1309.622 | Effect of Acceptance of Collateral - Ucc 9-622.
Section 1309.623 | Right to Redeem Collateral - Ucc 9-623.
Section 1309.624 | Waiver - Ucc 9-624.
Section 1309.625 | Remedies for Secured Party's Failure to Comply With Chapter - Ucc 9-625.
Section 1309.626 | Action in Which Deficiency or Surplus Is in Issue - Ucc 9-626.
Section 1309.627 | Determination of Whether Conduct Was Commercially Reasonable - Ucc 9-627.
Section 1309.702 | Savings Clause - Ucc 9-702.
Section 1309.703 | Security Interest Perfected Before Effective Date - Ucc 9-703.
Section 1309.704 | Security Interest Unperfected Before Effective Date - Ucc 9-704.
Section 1309.705 | Effectiveness of Action Taken Before Effective Date - Ucc 9-705.
Section 1309.707 | Pre-Effective-Date Financing Statement - Ucc 9-707.