(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
- (b) the debtor and any secondary obligor waive the right to notification.
- (2) Except as otherwise provided in Subsection (4), a secured party that disposes of collateral under Section 70A-9a-610 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;
- (b) any secondary obligor; and
(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 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 Subsection 70A-9a-311(1).
- (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)(c)(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)(c)(ii); and
(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.
Amended by Chapter 322, 2026 General Session