Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process.
Recent laws may not yet be included in the ILCS database, but they are found on this site as
Public
Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the
Guide.
Because the statute database is maintained primarily for legislative drafting purposes,
statutory changes are sometimes included in the statute database before they take effect.
If the source note at the end of a Section of the statutes includes a Public Act that has
not yet taken effect, the version of the law that is currently in effect may have already
been removed from the database and you should refer to that Public Act to see the changes
made to the current law.
(810 ILCS 5/9-611)
Sec. 9-611.
Notification before disposition of collateral.
(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
|
|
(b) Notification of disposition required. Except as otherwise
provided in subsection (d), a secured party that disposes of collateral under
Section
9-610 shall send to the persons specified in subsection (c) a reasonable
authenticated notification of disposition.
(c) Persons to be notified. To comply with subsection (b), 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 person from which the secured party
|
| has received, before the notification date, an authenticated notification of a claim of an interest in the collateral;
|
|
(B) 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:
|
|
(i) identified the collateral;
(ii) was indexed under the debtor's name as
|
|
(iii) was filed in the office in which to
|
| file a financing statement against the debtor covering the collateral as of that date; and
|
|
(C) 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 Section 9-311(a).
|
|
(d) Subsection (b) inapplicable: perishable collateral;
recognized market. Subsection (b) 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)(B). A secured party
complies with the requirement for notification prescribed by subsection (c)(3)(B)
if:
(1) 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 (c)(3)(B); and
|
|
(2) before the notification date, the secured party:
(A) did not receive a response to the request for
|
|
(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.
|
|
(Source: P.A. 91-893, eff. 7-1-01.)
|