409.612 History
History: 2001 a. 10.
409.613
409.613
Contents and form of notification before disposition of collateral: general. Except in a consumer-goods transaction, the following rules apply:
409.613(1)
(1) Notification: when sufficient. The contents of a notification of disposition are sufficient if the notification:
409.613(1)(b)
(b) Describes the collateral that is the subject of the intended disposition;
409.613(1)(d)
(d) States that the debtor is entitled to an accounting of the unpaid indebtedness and states the charge, if any, for an accounting; and
409.613(1)(e)
(e) States the time and place of a public disposition or the time after which any other disposition is to be made.
409.613(2)
(2) Notification: question of fact. Whether the contents of a notification that lacks any of the information specified in
sub. (1) are nevertheless sufficient is a question of fact.
409.613(3)
(3) Notification: other information or minor errors. The contents of a notification providing substantially the information specified in
sub. (1) are sufficient, even if the notification includes:
409.613(3)(b)
(b) Minor errors that are not seriously misleading.
409.613(4)
(4) Substantial compliance. A particular phrasing of the notification is not required.
409.613(5)
(5) Notification: form sufficient. The following form of notification and the form appearing in
s. 409.614 (3), when completed, each provide 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].
409.613 History
History: 2001 a. 10.
409.614
409.614
Contents and form of notification before disposition of collateral: consumer-goods transaction. In a consumer-goods transaction, the following rules apply:
409.614(1)
(1) Notification of disposition. A notification of disposition must provide the following information:
409.614(1)(b)
(b) A description of any liability for a deficiency of the person to which the notification is sent;
409.614(1)(c)
(c) A telephone number from which the amount that must be paid to the secured party to redeem the collateral under
s. 409.623 is available; and
409.614(1)(d)
(d) A telephone number or mailing address from which additional information concerning the disposition and the obligation secured is available.
409.614(2)
(2) Substantial compliance. A particular phrasing of the notification is not required.
409.614(3)
(3) Notification: form sufficient. The following form of notification, when completed, provides sufficient information:
[Name and address of secured party] ....
[Date] ....
NOTICE OF OUR PLAN TO SELL PROPERTY
.... [Name and address of any obligor who is also a debtor]
Subject: .... [Identification of transaction]
We have your .... [describe collateral], because you broke promises in our agreement.
[For a public disposition]:
We will sell .... [describe collateral] at public sale. A sale could include a lease or license. The sale will be held as follows:
Date: ....
Time: ....
Place: ....
You may attend the sale and bring bidders if you want.
[For a private disposition]:
We will sell .... [describe collateral] at private sale sometime after .... [date]. A sale could include a lease or license.
The money that we get from the sale (after paying our costs) will reduce the amount you owe. If we get less money than you owe, you .... [will or will not, as applicable] still owe us the difference. If we get more money than you owe, you will get the extra money, unless we must pay it to someone else.
You can get the property back at any time before we sell it by paying us the full amount you owe (not just the past-due payments), including our expenses. To learn the exact amount you must pay, call us at .... [telephone number].
If you want us to explain to you in writing how we have figured the amount that you owe us, you may call us at .... [telephone number] [or write us at .... [secured party's address]] and request a written explanation. [We will charge you $.... for the explanation if we sent you another written explanation of the amount you owe us within the last 6 months.]
If you need more information about the sale, call us at .... [telephone number]] [or write us at .... [secured party's address]].
We are sending this notice to the following other people who have an interest in .... [describe collateral] or who owe money under your agreement:
.... [Names of all other debtors and obligors, if any]
[End of Form]
409.614(4)
(4) Notification: other information. A notification in the form of
sub. (3) is sufficient, even if additional information appears at the end of the form.
409.614(5)
(5) Notification: errors. A notification in the form of
sub. (3) is sufficient, even if it includes errors in information not required by
sub. (1), unless the error is misleading with respect to rights arising under this chapter.
409.614(6)
(6) Notification: not in form. If a notification under this section is not in the form of
sub. (3), law other than this chapter determines the effect of including information not required by
sub. (1).
409.614 History
History: 2001 a. 10.
409.615
409.615
Application of proceeds of disposition; liability for deficiency and right to surplus. 409.615(1)
(1)
Application of proceeds. A secured party shall apply or pay over for application the cash proceeds of disposition under
s. 409.610 in the following order to:
409.615(1)(a)
(a) The reasonable expenses of retaking, holding, preparing for disposition, processing, and disposing of, and, to the extent provided for by agreement and not prohibited by law, reasonable attorney fees and legal expenses incurred by the secured party;
409.615(1)(b)
(b) The satisfaction of obligations secured by the security interest or agricultural lien under which the disposition is made;
409.615(1)(c)
(c) The satisfaction of obligations secured by any subordinate security interest in or other subordinate lien on the collateral if:
409.615(1)(c)1.
1. The secured party receives from the holder of the subordinate security interest or other lien an authenticated demand for proceeds before distribution of the proceeds is completed; and
409.615(1)(c)2.
2. In a case in which a consignor has an interest in the collateral, the subordinate security interest or other lien is senior to the interest of the consignor; and
409.615(1)(d)
(d) A secured party that is a consignor of the collateral if the secured party receives from the consignor an authenticated demand for proceeds before distribution of the proceeds is completed.
409.615(2)
(2) Proof of subordinate interest. If requested by a secured party, a holder of a subordinate security interest or other lien shall furnish reasonable proof of the interest or lien within a reasonable time. Unless the holder does so, the secured party need not comply with the holder's demand under
sub. (1) (c).
409.615(3)
(3) Application of noncash proceeds. A secured party need not apply or pay over for application noncash proceeds of disposition under
s. 409.610 unless the failure to do so would be commercially unreasonable. A secured party that applies or pays over for application noncash proceeds shall do so in a commercially reasonable manner.
409.615(4)
(4) Surplus or deficiency if obligation secured. If the security interest under which a disposition is made secures payment or performance of an obligation, after making the payments and applications required by
sub. (1) and permitted by
sub. (3):
409.615(4)(a)
(a) Unless
sub. (1) (d) requires the secured party to apply or pay over cash proceeds to a consignor, the secured party shall account to and pay a debtor for any surplus; and
409.615(5)
(5) No surplus or deficiency in sales of certain rights to payment. If the underlying transaction is a sale of accounts, chattel paper, payment intangibles, or promissory notes:
409.615(6)
(6) Calculation of surplus or deficiency in disposition to person related to secured party. The surplus or deficiency following a disposition is calculated based on the amount of proceeds that would have been realized in a disposition complying with this subchapter to a transferee other than the secured party, a person related to the secured party or a secondary obligor if:
409.615(6)(a)
(a) The transferee in the disposition is the secured party, a person related to the secured party, or a secondary obligor; and
409.615(6)(b)
(b) The amount of proceeds of the disposition is significantly below the range of proceeds that a complying disposition to a person other than the secured party, a person related to the secured party, or a secondary obligor would have brought.
409.615(7)
(7) Cash proceeds received by junior secured party. A secured party that receives cash proceeds of a disposition in good faith and without knowledge that the receipt violates the rights of the holder of a security interest or other lien that is not subordinate to the security interest or agricultural lien under which the disposition is made:
409.615(7)(a)
(a) Takes the cash proceeds free of the security interest or other lien;
409.615(7)(b)
(b) Is not obligated to apply the proceeds of the disposition to the satisfaction of obligations secured by the security interest or other lien; and
409.615(7)(c)
(c) Is not obligated to account to or pay the holder of the security interest or other lien for any surplus.
409.615 History
History: 2001 a. 10.
409.616
409.616
Explanation of calculation of surplus or deficiency. 409.616(1)(a)2.
2. Provides an explanation in accordance with
sub. (3) of how the secured party calculated the surplus or deficiency;
