Except in a consumer-goods transaction, the following rules apply:
(1) The contents of a notification of disposition are sufficient if the notification:
(i) describes the debtor and the secured party;
(ii) describes the collateral which 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; and
(v) 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 which lacks any of the information specified in paragraph (1) are nevertheless sufficient is a question of fact.
(3) The contents of a notification providing substantially the information specified in paragraph (1) are sufficient even if the notification includes:
(i) information not specified by that paragraph; or
(ii) minor errors which 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 section 9614(3) (relating to contents and form of notification before disposition of collateral: consumer-goods transaction), when completed, each provides sufficient information:
NOTIFICATION OF DISPOSITION OF 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).
(End of Form)
Cross References. Section 9613 is referred to in sections 9602, 9614 of this title.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Section 9602 - Waiver and variance of rights and duties
Section 9603 - Agreement on standards concerning rights and duties
Section 9604 - Procedure if security agreement covers real property or fixtures
Section 9605 - Unknown debtor or secondary obligor
Section 9606 - Time of default for agricultural lien
Section 9607 - Collection and enforcement by secured party
Section 9609 - Secured party's right to take possession after default
Section 9610 - Disposition of collateral after default
Section 9611 - Notification before disposition of collateral
Section 9612 - Timeliness of notification before disposition of collateral
Section 9613 - Contents and form of notification before disposition of collateral: general
Section 9615 - Application of proceeds of disposition; liability for deficiency and right to surplus
Section 9616 - Explanation of calculation of surplus or deficiency
Section 9617 - Rights of transferee of collateral
Section 9618 - Rights and duties of certain secondary obligors
Section 9619 - Transfer of record or legal title
Section 9621 - Notification of proposal to accept collateral
Section 9622 - Effect of acceptance of collateral
Section 9623 - Right to redeem collateral
Section 9625 - Remedies for secured party's failure to comply with division
Section 9626 - Action in which deficiency or surplus is in issue
Section 9627 - Determination of whether conduct was commercially reasonable