Build a checklist for notice before an Article 9 disposition
Key facts
- Human involvement
- YellowClose supervision
- How AI is used
- List who must receive an authenticated notice of disposition, and which search the file contains. Do not write the notice.
- What the lawyer must review
- Before disposition under U.C.C. § 9-610, § 9-611(b) requires a reasonable authenticated notification to the persons in subsection (c), unless subsection (d) applies. Those persons are the debtor and any secondary obligor. If the collateral is not consumer goods, they also include a person who sent an authenticated claim before the notification date, and other secured parties or lienholders who, 10 days before that date, held an interest perfected by a financing statement indexed under the debtor's name in the proper office, or perfected under a statute described in § 9-311(a). The 10 days is a lookback for those other parties. It is not a minimum period of notice to the debtor. Subsection (d) removes the notice duty for collateral that is perishable, threatens to decline speedily in value, or is of a type customarily sold on a recognised market. You write the notice. Article 9 notice is not a mortgage default notice.
- Written for / version
- United States versionUS
Who does what
| Role | What they do |
|---|---|
| Assistance | Consider narrowly defined preparation support after confirming the tool’s capability and permitted scope. |
| Lawyer | Set the scope, supervise the work closely, verify every part relied on, resolve omissions and exceptions, and approve the exact output. |
Checklist
- Preserve original files and relevant metadata. Document provenance and handling, and seek forensic review where authenticity needs to be resolved.
- Verify the applicable jurisdiction and the version of each relevant law, rule or instrument in force at the material time.
- Confirm the output against the client’s instructions and the complete relevant source material, including omissions or contradictions.
- Resolve exceptions and record the responsible lawyer’s approval of the exact output and intended use.