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Tenn. Code Ann. § 47-9-613

Contents and form of notification before disposition of collateral — General

Known as the Uniform Commercial Code

The act spans §§ 47-1-101 to 47-9-809 (578 sections).

Applied in 1 court decision — leading case Brunswick Acceptance Co., LLC v. MEJ, LLC (2008)

Most recently applied in Brunswick Acceptance Co., LLC v. MEJ, LLC (October 2008)

Acts 2000, ch. 846, § 1.

Except in a consumer-goods transaction, the following rules apply:

(1) The contents of a notification of disposition are sufficient if the notification: describes the debtor and the secured party;

(2) describes the collateral that is the subject of the intended disposition;

(3) states the method of intended disposition;

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

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

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

(7) The contents of a notification providing substantially the information specified in paragraph (1) are sufficient, even if the notification includes: information not specified by that paragraph; or

(8) minor errors that are not seriously misleading.

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

(10) The following form of notification and the form appearing in § 47-9-614(3), when completed, each provides sufficient information: NOTIFICATION OF DISPOSITION OF COLLATERAL To: [Name of debtor, obligor, or other person to which the notification is sent] From: [Name, address, and telephone number of secured party] Name of Debtor(s): [Include only if debtor(s) are not an 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]

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.