Notification before disposition of collateral

11 M.R.S. § 9-1611, under Chapter 9-A.

11 M.R.S. § 9-1611

(1). In this section, "notification date" means the earlier of the date on which:

(a). A secured party sends to the debtor and any secondary obligor a signed notification of disposition; or [PL 2023, c. 669, Pt. A, §146 (AMD); PL 2023, c. 669, Pt. E, §1 (AFF).]

(b). The debtor and any secondary obligor waive the right to notification. [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]

(2). Except as otherwise provided in subsection (4), a secured party that disposes of collateral under section 9‑1610 shall send to the persons specified in subsection (3) a reasonable signed notification of disposition.

(3). To comply with subsection (2), the secured party shall send a signed notification of disposition to:

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

(b). Any secondary obligor; and [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]

(c). If the collateral is other than consumer goods: (i) 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; (ii) 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: (A) Identified the collateral; (B) Was indexed under the debtor's name as of that date; and (C) Was filed in the appropriate office in which to file a financing statement against the debtor covering the collateral as of that date; and (iii) 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 section 9‑1311, subsection (1). [PL 2023, c. 669, Pt. A, §148 (AMD); PL 2023, c. 669, Pt. E, §1 (AFF).]

(i) 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;

(ii) 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: (A) Identified the collateral; (B) Was indexed under the debtor's name as of that date; and (C) Was filed in the appropriate office in which to file a financing statement against the debtor covering the collateral as of that date; and

(A) Identified the collateral;

(B) Was indexed under the debtor's name as of that date; and

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

(iii) 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 section 9‑1311, subsection (1). [PL 2023, c. 669, Pt. A, §148 (AMD); PL 2023, c. 669, Pt. E, §1 (AFF).]

(4). Subsection (2) 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.

(5). A secured party complies with the requirement for notification prescribed by subsection (3), paragraph (c), subparagraph (ii) if:

(a). 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 (3), paragraph (c), subparagraph (ii); and [PL 1999, c. 699, Pt. A, §2 (NEW); PL 1999, c. 699, Pt. A, §4 (AFF).]

(b). Before the notification date, the secured party: (i) Did not receive a response to the request for information; or (ii) 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. [PL 2023, c. 669, Pt. A, §149 (AMD); PL 2023, c. 669, Pt. E, §1 (AFF).]

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

(ii) 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.