Except in a consumer-goods transaction, the following rules apply. [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(1). The contents of a notification of disposition are sufficient if the notification:
(a). Describes the debtor and the secured party; [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(b). Describes the collateral that is the subject of the intended disposition; [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(c). States the method of intended disposition; [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(d). States that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
(e). States the time and place of a public disposition or the time after which any other disposition is to be made. [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]

[PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]

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Terms Used In Maine Revised Statutes Title 11 Sec. 9-1613

  • Collateral: includes :
(a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Consumer-goods transaction: means a consumer transaction in which:
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Obligor: means a person that, with respect to an obligation secured by a security interest in or an agricultural lien on the collateral:
  • (a). See Maine Revised Statutes Title 11 Sec. 9-1102
  • Secured party: means :
  • (2). Whether the contents of a notification that lacks any of the information specified in subsection (1) are nevertheless sufficient is a question of fact.

    [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]

    (3). The contents of a notification providing substantially the information specified in subsection (1) are sufficient, even if the notification includes:
    (a). Information not specified by that subsection; or [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]
    (b). Minor errors that are not seriously misleading. [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]

    [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]

    (4). A particular phrasing of the notification is not required.

    [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]

    (5). The following form of notification or the form appearing in section 9-1614, subsection (3), when completed, 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) not 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]

    [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]

    SECTION HISTORY

    PL 1999, c. 699, §A2 (NEW). PL 1999, c. 699, §A4 (AFF).