Section 55-9-611 - Notification before disposition of collateral.

55-9-611. Notification before disposition of collateral.

(a)     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 right to notification.   

(b)     Except as otherwise provided in Subsection (d) of this section, a secured party that disposes of collateral under Section 55-9-610 NMSA 1978 shall send to the persons specified in Subsection (c) of this section a reasonable authenticated notification of disposition.   

(c)     To comply with Subsection (b) of this section, 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, ten 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   

(C)     any other secured party that, ten days before the notification date, held a security interest in the collateral perfected by compliance with a statute, regulation or treaty described in Subsection (a) of Section 55-9-311 NMSA 1978.   

(d)     Subsection (b) of this section 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)     A secured party complies with the requirement for notification prescribed by Subparagraph (B) of Paragraph (3) of Subsection (c) of this section if:   

(1)     not later than twenty days or earlier than thirty 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 Subparagraph (B) of Paragraph (3) of Subsection (c) of this section; and   

(2)     before the notification date, the secured party:   

(A)     did not receive a response to the request for information; or   

(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.