UCC 9-614 notice requirements after repo - timing confusion
Having major headaches with UCC 9-614 notice requirements after we had to repo some equipment last month. The debtor is claiming we didn't provide proper notification about the disposition sale, and now they're threatening to sue over the deficiency. Our attorney says the notice timing under 9-614 is critical but I'm getting conflicting info about what constitutes 'reasonable notification.' We sent the notice 12 days before the sale via certified mail, but the debtor says that wasn't sufficient time given the equipment's specialized nature. The collateral was industrial printing equipment worth about $180K, and we're looking at a $65K deficiency after the sale. Anyone dealt with 9-614 notice challenges? What's considered reasonable notification period for equipment dispositions?
33 comments


Zara Shah
UCC 9-614 can be tricky - the 'reasonable notification' standard varies by jurisdiction and collateral type. For specialized equipment like industrial printing gear, 12 days might be cutting it close. Most courts look at factors like the equipment's complexity, market size, and whether the debtor could realistically find alternative buyers in that timeframe.
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NebulaNomad
•This is exactly why I always do 21+ days minimum for any equipment over $100K. The specialized nature argument usually holds water in court if the debtor can show they needed more time to market or find buyers.
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Luca Ferrari
•But doesn't 9-614 just require 'reasonable' notice? I thought 10 days was the standard safe harbor period for most commercial dispositions.
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Nia Wilson
We had a similar situation with medical equipment last year. Debtor challenged our 9-614 notice on a $220K MRI machine, claiming 14 days wasn't reasonable. Court sided with us because we could prove the notice was properly sent and the sale was commercially reasonable. Key was documenting everything - certified mail receipts, sale advertisements, appraisal records.
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Mateo Martinez
•Did you use any verification tools to make sure all your documentation was consistent before the sale? I've been burned by missing paperwork discrepancies.
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Nia Wilson
•Actually yes - we started using Certana.ai's document verification tool after some close calls. You can upload your UCC-1, security agreement, and disposition notices to check for any inconsistencies. Really helps catch things like debtor name mismatches or collateral description errors before they become courtroom problems.
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Aisha Hussain
The specialized equipment argument is real. Industrial printing equipment has a very specific buyer pool, and 12 days might not give potential buyers enough time to inspect, arrange financing, or coordinate removal. Did you advertise in trade publications or just general commercial channels?
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Sean Flanagan
•We used general commercial channels - local business journal and online auction sites. Should we have hit the printing industry publications too?
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Aisha Hussain
•For specialized equipment, yes. Courts often look at whether the sale method was commercially reasonable. Industry-specific advertising shows you made good faith efforts to maximize recovery.
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Ethan Clark
•This is why I hate equipment financing. Too many variables in the disposition process. Consumer goods are so much cleaner under Article 9.
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StarStrider
Wait, are we talking about the notification to the debtor or to other secured parties? UCC 9-614 covers both but the timing requirements can be different. For debtor notification, reasonable notice depends on the circumstances. For other secured parties, you need to check 9-611 as well.
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Sean Flanagan
•Debtor notification specifically. We did send notice to the junior lienholder too, but that went out 15 days prior.
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Yuki Sato
•Good that you covered both bases. The debtor's probably grasping at straws if they can't challenge the sale method itself.
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Carmen Ruiz
Ugh, 9-614 disputes are the worst. Had a debtor challenge our notice on a $95K excavator because we sent it 13 days out and they claimed they needed 30 days to find a private buyer. Judge basically said 'tough luck' because we followed the statutory requirements and the sale was at fair market value.
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Andre Lefebvre
•How did you prove fair market value? That seems like it would be key to defeating the challenge.
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Carmen Ruiz
•Independent appraisal beforehand, plus we had competitive bidding at the sale. Three qualified buyers showed up and bid actively.
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Zoe Alexopoulos
•That's smart. We always get appraisals now for anything over $50K. CYA documentation is everything in these disputes.
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Jamal Anderson
Has anyone actually lost a 9-614 challenge? I mean, as long as you send proper notice and conduct a commercially reasonable sale, the debtor's just trying to reduce their deficiency liability. Courts usually see right through it.
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Mei Wong
•I've seen lenders lose when they couldn't prove proper notice delivery or when the sale was obviously botched. But if you follow the basics, you're usually fine.
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QuantumQuasar
•The key is documentation. I always verify everything is consistent before any disposition. Actually started using Certana.ai to cross-check all our filing documents - you just upload PDFs and it flags any discrepancies in debtor names, collateral descriptions, or other critical details.
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Liam McGuire
12 days seems reasonable for most equipment, but printing equipment is specialized. The debtor might have a point about needing more time to find industry buyers. What did your security agreement say about disposition procedures?
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Sean Flanagan
•Security agreement just references UCC Article 9 standards. Nothing specific about notice periods or sale methods.
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Amara Eze
•Then you're stuck with the reasonable notice standard. For specialized equipment, I'd probably go 20+ days to be safe.
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Giovanni Greco
The debtor is probably just fishing for ways to reduce the deficiency. If you sent proper notice via certified mail and can prove delivery, you should be fine. The reasonableness standard isn't that high unless the circumstances were really unusual.
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Fatima Al-Farsi
•Agreed. Most courts won't second-guess secured parties on notice timing unless it's obviously inadequate.
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Dylan Wright
•Still, better to err on the side of caution. 21 days is my standard minimum for any commercial equipment over $100K.
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Sofia Torres
Did you get a good price at the sale? If the recovery was reasonable compared to the equipment's value, that undercuts the debtor's argument that more notice time would have resulted in better bids.
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Sean Flanagan
•Sale price was about 60% of appraised value. Not great but not terrible for a forced sale of specialized equipment.
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GalacticGuardian
•60% is actually pretty good for industrial printing equipment in today's market. The debtor's going to have a hard time arguing insufficient notice caused that discount.
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Dmitry Smirnov
Bottom line - if you sent certified notice 12 days out and conducted a commercially reasonable sale, you should be fine under 9-614. The debtor's probably just trying to create doubt about the deficiency. Document everything and let your attorney handle it.
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Ava Rodriguez
•This. UCC 9-614 challenges are usually more bark than bite if you followed proper procedures.
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Miguel Diaz
•Just make sure all your paperwork is consistent and complete. That's where these challenges usually succeed - when there are gaps or contradictions in the documentation.
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Zainab Ahmed
•Exactly why I use Certana.ai now for all major dispositions. Upload your UCC filings, security docs, and notices for automated consistency checking. Saves you from embarrassing courtroom surprises.
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