RCW 62A.9A-611
Notification before disposition of
collateral. (Effective until July 1, 2013.)
(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 secondary
obligor an authenticated notification of disposition; or
(2) The debtor and any secondary obligor waive the right to
notification.
(b) Notification of disposition required. Except as
otherwise provided in subsection (d) of this section, a secured
party that disposes of collateral under RCW 62A.9A-610 shall send
to the persons specified in subsection (c) of this section a
reasonable authenticated notification of disposition.
(c) Persons to be notified. To comply with subsection (b)
of this section, 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 secured party or lienholder that, ten 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:
(i) Identified the collateral;
(ii) Was indexed under the debtor's name as of that date;
and
(iii) Was filed in the office in which to file a financing
statement against the debtor covering the collateral as of that
date; and
(B) Any other secured party that, ten days before the
notification date, held a security interest in the collateral
perfected by compliance with a statute, regulation, or treaty
described in RCW 62A.9A-311(a).
(d) Subsection (b) of this section inapplicable: Perishable
collateral; recognized market. Subsection (b) of this section
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)(A) of this section. A
secured party complies with the requirement for notification
prescribed by subsection (c)(3)(A) of this section if:
(1) Not later than twenty days or earlier than thirty 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 (c)(3)(A) of this section; and
(2) Before the notification date, the secured party:
(A) Did not receive a response to the request for
information; or
(B) Received a response to the request for 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.
[2000 c 250 § 9A-611.]
RCW 62A.9A-611
Notification before disposition of
collateral. (Effective July 1, 2013.)
(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 secondary
obligor an authenticated notification of disposition; or
(2) The debtor and any secondary obligor waive the right to
notification.
(b) Notification of disposition required. Except as
otherwise provided in subsection (d) of this section, a secured
party that disposes of collateral under RCW 62A.9A-610 shall send
to the persons specified in subsection (c) of this section a
reasonable authenticated notification of disposition.
(c) Persons to be notified. To comply with subsection (b)
of this section, 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 secured party or lienholder that, ten 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:
(i) Identified the collateral;
(ii) Was indexed under the debtor's name as of that date;
and
(iii) Was filed in the office in which to file a financing
statement against the debtor covering the collateral as of that
date; and
(B) Any other secured party that, ten days before the
notification date, held a security interest in the collateral
perfected by compliance with a statute, regulation, or treaty
described in RCW 62A.9A-311(a).
(d) Subsection (b) of this section inapplicable: Perishable
collateral; recognized market. Subsection (b) of this section
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)(A) of this section. A
secured party complies with the requirement for notification
prescribed by subsection (c)(3)(A) of this section if:
(1) Not later than twenty days or earlier than thirty 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 (c)(3)(A) of this section; and
(2) Before the notification date, the secured party:
(A) Did not receive a response to the request for
information; or
(B) Received a response to the request for 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.
[2011 c 74 § 724; 2000 c 250 § 9A-611.]
NOTES:
Application -- Correction of references -- Effective date -- 2011 c 74: See notes following RCW 62A.9A-102.