{"data":{"id":"us-nm/55-9-612","jurisdiction":"us-nm","citation":"55-9-612","heading":"Timeliness of notification before disposition of collateral.","body":"(a) Except as otherwise provided in Subsection (b) of this section, whether a notification is sent within a reasonable time is a question of fact.\n(b) In a transaction other than a consumer transaction, a notification of disposition sent after default and ten days or more before the earliest time of disposition set forth in the notification is sent within a reasonable time before the disposition.\nOFFICIAL COMMENTS\nUCC Official Comments © by ALI \u0026 the NCCUSL. Reproduced with permission of the PEB for the UCC. All rights reserved.\n1. Source. New.\n2. Reasonable Notification. Section 9-611(b) requires the secured party to send a \"reasonable signed notification.\" Under that section, as under pre-1998 Section 9-504(3), one aspect of a reasonable notification is its timeliness. This generally means that the notification must be sent at a reasonable time in advance of the date of a public disposition or the date after which a private disposition is to be made. A notification that is sent so near to the disposition date that a notified person could not be expected to act on or take account of the notification would be unreasonable.\n3. Timeliness of Notification: Safe Harbor. The 10-day notice period in subsection (b) is intended to be a \"safe harbor\" and not a minimum requirement. To qualify for the \"safe harbor\" the notification must be sent after default. A notification also must be sent in a commercially reasonable manner. See Section 9-611(b) (\"reasonable signed notification\"). These requirements prevent a secured party from taking advantage of the \"safe harbor\" by, for example, giving the debtor a notification at the time of the original extension of credit or sending the notice by surface mail to a debtor overseas.","path":["Chapter 55 - Uniform Commercial Code","ARTICLE 9 Secured Transactions"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18558/index.do","current_through":"2024-04-27","vintage":"","retrieved_at":"2026-09-03T15:02:20Z","sha256":"aa6c0c433dbc14a460b7aacb6f9fb5757ee2d37a78600e3828bf6945a78d7b61","source_id":"us-nm","stale":false,"prev":"us-nm/55-9-611","next":"us-nm/55-9-613"},"notice":"GroundRules: Original legal text. Not legal advice."}