§ 9-613 Contents and form of notification before disposition of collateral: general.

6 DE Code § 9-613 (2019) (N/A)
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Except in a consumer-goods transaction, the following rules apply:

(1) The contents of a notification of disposition are sufficient if the notification:

(A) describes the debtor and the secured party;

(B) describes the collateral that is the subject of the intended disposition;

(C) states the method of intended disposition;

(D) states that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and

(E) 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 that 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:

(A) information not specified by that paragraph; or

(B) minor errors that 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 9-614(3), when completed, each provides sufficient information:

NOTIFICATION OF DISPOSITION OF COLLATERAL

________________

To:

________________

From:

________________

Name of Debtor(s):

________________

[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]

72 Del. Laws, c. 401, § 1.