NRS 104.9611
Notification before disposition of collateral.


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 an authenticated 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 NRS 104.9610 shall send to the persons specified in subsection 3 a reasonable authenticated notification of disposition.

3.

To comply with subsection 2, the secured party shall send an authenticated notification of disposition to:

(a)

The debtor;

(b)

Any secondary obligor; and

(c)

If the collateral is other than consumer goods:

(1)

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;

(2)

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 of that date; and
(III) Was filed in the office in which to file a financing statement against the debtor covering the collateral as of that date; and

(3)

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 subsection 1 of NRS 104.9311.

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 requirement for notification prescribed by subparagraph (2) of paragraph (c) of subsection 3 if:

(a)

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 that subparagraph; 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 an authenticated notification of disposition to each secured party named in that response whose financing statement covered the collateral.

Source: Section 104.9611 — Notification before disposition of collateral., https://www.­leg.­state.­nv.­us/NRS/NRS-104.­html#NRS104Sec9611.

104.9601
Rights after default
104.9602
Waiver and variance of rights and duties of debtor and obligor.
104.9603
Agreement on standards concerning rights and duties of parties.
104.9604
Procedure if security agreement covers real property or fixtures.
104.9605
Duty to unknown debtor or secondary obligor.
104.9606
Time of default for agricultural lien.
104.9607
Collection and enforcement by secured party.
104.9608
Application of proceeds of collection or enforcement
104.9609
Secured party’s right to take possession or dispose of collateral after default.
104.9610
Disposition of collateral after default.
104.9611
Notification before disposition of collateral.
104.9612
Timeliness of notification before disposition of collateral.
104.9613
Contents and form of notification before disposition of collateral: General.
104.9614
Contents and form of notification before disposition of collateral: Consumer-goods transaction.
104.9615
Application of proceeds of disposition
104.9616
Explanation of calculation of surplus or deficiency.
104.9617
Effect of disposition of collateral by secured party after default
104.9618
Rights and duties of certain secondary obligors.
104.9619
Transfer of record or legal title.
104.9620
Acceptance of collateral in full or partial satisfaction of obligation
104.9621
Notification of proposal to accept collateral in satisfaction of obligation.
104.9622
Effect of acceptance of collateral in satisfaction of obligation.
104.9623
Redemption of collateral.
104.9624
Waiver of right to notification of disposition of collateral
104.9625
Remedies for secured party’s failure to comply with article.
104.9626
Action in which deficiency or surplus is in issue.
104.9627
Determination of whether conduct was commercially reasonable.
104.9628
Nonliability and limitation on liability of secured party
Last Updated

Jun. 24, 2021

§ 104.9611’s source at nv​.us