Illinois Compiled Statutes 810 ILCS 5/9-613 – Contents and form of notification before disposition of collateral: …
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Contents and form of notification before disposition of collateral: general. Except in a consumer-goods transaction, the following rules apply:
(1) The contents of a notification of disposition are
(1) The contents of a notification of disposition are
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sufficient if the notification:
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(A) describes the debtor and the secured party;
(B) describes the collateral that is the subject
Terms Used In Illinois Compiled Statutes 810 ILCS 5/9-613
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
(B) describes the collateral that is the subject
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of the intended disposition;
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(C) states the method of intended disposition;
(D) states that the debtor is entitled to an
(D) states that the debtor is entitled to an
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accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and
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(E) states the time and place of a public
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disposition or the time after which any other disposition is to be made.
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(2) Whether the contents of a notification that lacks
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any of the information specified in paragraph (1) are nevertheless sufficient is a question of fact.
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(3) The contents of a notification providing
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substantially the information specified in paragraph (1) are sufficient, even if the notification is accompanied by or combined other notification or includes:
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(A) information not specified by that paragraph;
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or
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(B) minor errors that are not seriously
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misleading.
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(4) A particular phrasing of the notification is not
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required.
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(5) The following form of notification and the form
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appearing in Section 9-614(4), when completed, each provides sufficient information:
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NOTIFICATION OF DISPOSITION OF COLLATERAL
To: ………………………………. (Name of
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debtor, obligor, or other person to which the notification is sent)
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From: …………………………….. (Name,
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address, and telephone number of secured party)
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Name of Debtor(s): ………………… (Include
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only if debtor(s) are not an addressee)
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For a public disposition:
We will sell or lease or license, as applicable, the
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………………………. (describe collateral) to the highest qualified bidder in public as follows:
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Day and Date: ……………………………..
Time: …………………………………….
Place: ……………………………………
For a private disposition:
We will sell (or lease or license, as applicable) the
Time: …………………………………….
Place: ……………………………………
For a private disposition:
We will sell (or lease or license, as applicable) the
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……………………… (describe collateral) privately sometime after ……………. (day and date).
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You are entitled to an accounting of the unpaid
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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).
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