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2010 Florida Statutes
Contents and form of notification before disposition of collateral; general.
Contents and form of notification before disposition of collateral; general.
—Except in a consumer-goods transaction, the following rules apply:
The contents of a notification of disposition are sufficient if the notification:
Describes the debtor and the secured party;
Describes the collateral that is the subject of the intended disposition;
States the method of intended disposition;
States that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and
States the time and place of a public disposition or the time after which any other disposition is to be made.
Whether the contents of a notification that lacks any of the information specified in subsection (1) are nevertheless sufficient is a question of fact.
The contents of a notification providing substantially the information specified in subsection (1) are sufficient, even if the notification includes:
Information not specified by that paragraph; or
Minor errors that are not seriously misleading.
A particular phrasing of the notification is not required.
The following form of notification and the form appearing in s. 679.614(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) .
s. 7, ch. 2001-198.