§ 9-611. Notification before disposition of collateral

MD Comm L Code § 9-611 (2019) (N/A)
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(a)    In this section, “notification date” means the earlier of the date on which:

(1)    A secured party sends to the debtor and any secondary obligor an authenticated notification of disposition; or

(2)    The debtor and any secondary obligor waive the right to notification.

(b)    Except as otherwise provided in subsection (d), a secured party that disposes of collateral under § 9-610 shall send to the persons specified in subsection (c) a reasonable authenticated notification of disposition.

(c)    To comply with subsection (b), the secured party shall send an authenticated notification of disposition to:

(1)    The debtor;

(2)    Any secondary obligor; and

(3)    If the collateral is other than consumer goods:

(A)    Any other person from which the secured party has received, before the notification date, an authenticated notification of a claim of an interest in the collateral;

(B)    Any other secured party or lienholder that, 10 days before the notification date, held a security interest in or other lien on the collateral perfected by the filing of a financing statement that:

(i)    Identified the collateral;

(ii)    Was indexed under the debtor’s name as of that date; and

(iii)    Was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date; and

(C)    Any other secured party that, 10 days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in § 9-311(a).

(d)    Subsection (b) does not apply if the collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market.

(e)    A secured party complies with the requirement for notification prescribed by subsection (c)(3)(B) if:

(1)    Not later than 20 days or earlier than 30 days before the notification date, the secured party requests, in a commercially reasonable manner, information concerning financing statements indexed under the debtor’s name in the office indicated in subsection (c)(3)(B); and

(2)    Before the notification date, the secured party:

(A)    Did not receive a response to the request for information; or

(B)    Received a response to the request for information and sent an authenticated notification of disposition to each secured party named in that response whose financing statement covered the collateral.