Default

Cal. COM § 9611

California Statutes

(

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 a signed notification of disposition.

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

b) Except as otherwise provided in subdivision (d), a secured party that disposes of collateral under

Section shall send to the persons specified in subdivision (

c) a reasonable signed notification of disposition. (

c) To comply with subdivision (b), the secured party shall send a signed notification of disposition to all of the following persons:

(1) The debtor.

(2) Any secondary obligor.

(3) If the collateral is other than consumer goods to both of the following persons: (

A) Any other person from which the secured party has received, before the notification date, a signed 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 with respect to which all of the following apply: (

i) It identified the collateral. (ii) It was indexed under the debtor’s name as of that date. (iii) It was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date. (

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 subdivision (

a) of

Section 9311. (

d) Subdivision (

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 in subparagraph (

B) of paragraph (3) of subdivision (

c) if it satisfies both of the following conditions:

(1) Not later than days or earlier than 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 subparagraph (

B) of paragraph (3) of subdivision (c).

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

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

B) Received a response to the request for information and sent a signed notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral.

Document details

CollectionCalifornia Statutes
CitationCal. COM § 9611
Date2024-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierCOM9611.202321064

Default

Cal. COM § 9611

California Statutes

Default

Cal. COM § 9611

California Statutes

(

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 a signed notification of disposition.

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

b) Except as otherwise provided in subdivision (d), a secured party that disposes of collateral under

Section shall send to the persons specified in subdivision (

c) a reasonable signed notification of disposition. (

c) To comply with subdivision (b), the secured party shall send a signed notification of disposition to all of the following persons:

(1) The debtor.

(2) Any secondary obligor.

(3) If the collateral is other than consumer goods to both of the following persons: (

A) Any other person from which the secured party has received, before the notification date, a signed 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 with respect to which all of the following apply: (

i) It identified the collateral. (ii) It was indexed under the debtor’s name as of that date. (iii) It was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date. (

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 subdivision (

a) of

Section 9311. (

d) Subdivision (

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 in subparagraph (

B) of paragraph (3) of subdivision (

c) if it satisfies both of the following conditions:

(1) Not later than days or earlier than 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 subparagraph (

B) of paragraph (3) of subdivision (c).

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

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

B) Received a response to the request for information and sent a signed notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral.

Document details

CollectionCalifornia Statutes
CitationCal. COM § 9611
Date2024-01-01
Typestatute
Languageen
SourceCA_STAT
IdentifierCOM9611.202321064