Contents and form of notification before disposition of collateral: general

Miss. Code Ann. § 75-9-613, under Default.

Miss. Code Ann. § 75-9-613

(1) Except in a consumer-goods transaction, the following rules apply:(1) The contents of a notification of disposition are sufficient if the notification:(A) Describes the debtor and the secured party;(B) Describes the collateral that is the subject of the intended disposition;(C) States the method of intended disposition;(D) States that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and(E) States the time and place of a public disposition or the time after which any other disposition is to be made.(2) Whether the contents of a notification that lacks any of the information specified in paragraph (1) are nevertheless sufficient is a question of fact.(3) The contents of a notification providing substantially the information specified in paragraph (1) are sufficient, even if the notification includes:(A) Information not specified by that paragraph; or(B) Minor errors that are not seriously misleading.(4) A particular phrasing of the notification is not required.(5) The following form of notification and the form appearing in Section 75-9-614(3), when completed, each provides sufficient information:NOTIFICATION OF DISPOSITION OF COLLATERALTo: [Name of debtor, obligor or other person to which the notificationis sent]From: [Name, address and telephone numberof secured party]Name of Debtor(s): [Include only if debtor(s) are notan 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]

(1) The contents of a notification of disposition are sufficient if the notification:(A) Describes the debtor and the secured party;(B) Describes the collateral that is the subject of the intended disposition;(C) States the method of intended disposition;(D) States that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and(E) States the time and place of a public disposition or the time after which any other disposition is to be made.

(A) Describes the debtor and the secured party;

(B) Describes the collateral that is the subject of the intended disposition;

(C) States the method of intended disposition;

(D) States that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and

(E) States the time and place of a public disposition or the time after which any other disposition is to be made.

(2) Whether the contents of a notification that lacks any of the information specified in paragraph (1) are nevertheless sufficient is a question of fact.

(3) The contents of a notification providing substantially the information specified in paragraph (1) are sufficient, even if the notification includes:(A) Information not specified by that paragraph; or(B) Minor errors that are not seriously misleading.

(A) Information not specified by that paragraph; or

(B) Minor errors that are not seriously misleading.

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

(5) The following form of notification and the form appearing in Section 75-9-614(3), when completed, each provides sufficient information:NOTIFICATION OF DISPOSITION OF COLLATERALTo: [Name of debtor, obligor or other person to which the notificationis sent]From: [Name, address and telephone numberof secured party]Name of Debtor(s): [Include only if debtor(s) are notan 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]