Illinois Compiled Statutes 810 ILCS 5/9-611 – Notification before disposition of collateral
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(a) “Notification date.” In this Section, “notification date” means the earlier of the date on which:
(1) a secured party sends to the debtor and any
(1) a secured party sends to the debtor and any
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secondary obligor an authenticated notification of disposition; or
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(2) the debtor and any secondary obligor waive the
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right to notification.
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(b) Notification of disposition required. Except as otherwise provided in subsection (d), a secured party that disposes of collateral under Section 9-610 shall send to the persons specified in subsection (c) a reasonable authenticated notification of disposition.
(c) Persons to be notified. 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
Terms Used In Illinois Compiled Statutes 810 ILCS 5/9-611
- Lien: A claim against real or personal property in satisfaction of a debt.
- Statute: A law passed by a legislature.
(c) Persons to be notified. 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
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has received, before the notification date, an authenticated notification of a claim of an interest in the collateral;
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(B) any other secured party or lienholder that,
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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:
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(i) identified the collateral;
(ii) was indexed under the debtor’s name as
(ii) was indexed under the debtor’s name as
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of that date; and
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(iii) was filed in the office in which to
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file a financing statement against the debtor covering the collateral as of that date; and
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(C) any other secured party that, 10 days before
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the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation, or treaty described in Section 9-311(a).
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(d) Subsection (b) inapplicable: perishable collateral; recognized market. 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) Compliance with subsection (c)(3)(B). 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
(e) Compliance with subsection (c)(3)(B). 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
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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
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(2) before the notification date, the secured party:
(A) did not receive a response to the request for
(A) did not receive a response to the request for
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information; or
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(B) received a response to the request for
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information and sent an authenticated notification of disposition to each secured party or other lienholder named in that response whose financing statement covered the collateral.
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