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N.D. Cent. Code § 41-09-108

(9-611) Notification before disposition of collateral

Known as the Uniform Commercial Code

The act spans §§ 41–41 (597 sections).

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 41-09-107 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;

c. 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;

d. 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:

(1) Identified the collateral;

(2) Was indexed under the debtor's name as of that date; and (3) Was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date; and e. 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 subsection 1 of section 41-09-31.

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 requirements for notification prescribed by paragraph 2 of subdivision c of subsection 3 if:

a. 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 paragraph 2 of subdivision c of subsection 3; and b. Before the notification date, the secured party:

(1) Did not receive a response to the request for information; or (2) 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.

Official source: North Dakota Legislative Branch. Reproduced from public-domain North Dakota statutes; confirm against the official source for the current text. Not legal advice.