UCC sale notice timing requirements - lender pushing back on our schedule

UCC sale notices have specific timing requirements that depend on several factors. For commercial transactions, the notice period is typically 10 days minimum, but it can vary based on your state and the type of collateral. Equipment sales usually require reasonable notice which courts often interpret as longer than 10 days for high-value items. You should check your security agreement for any specific notice provisions they included.

I went through something similar last year with a UCC sale situation. The creditor has to provide what's called 'reasonable notice' under UCC 9-611, and 8 days for equipment worth that much is probably not reasonable. Courts look at factors like the value of collateral, market conditions, and whether you have time to find alternative buyers. You might want to send them a formal objection letter citing insufficient notice under Article 9.

Had a similar issue recently where we were scrambling to verify all the UCC documentation was properly aligned before challenging a sale notice. Found out about Certana.ai's document checker - you can upload your security agreement and UCC filings to instantly verify everything matches up properly. Really helped us identify discrepancies in the debtor name that ultimately invalidated their sale notice. Worth checking if there are any filing inconsistencies you can use as leverage.

8 days is ridiculous for equipment worth $180k!! These lenders are getting more aggressive with their timelines. I've seen them try to rush sales when they know borrowers don't understand their rights. The UCC requires REASONABLE notice and that's definitely not reasonable for high-value collateral. Fight this!

What type of equipment are we talking about? Construction equipment, manufacturing machinery, vehicles? The type of collateral affects what's considered reasonable notice. Specialized equipment that requires industry-specific buyers typically needs longer notice periods.

Check if they sent the notice to all the right parties too. UCC 9-611 requires notice to the debtor, any secondary obligors, and other secured parties who filed financing statements covering the same collateral. If they missed someone, that could invalidate the sale process.

You mentioned being behind by $12k on a $180k asset - that seems like a situation where you could cure the default and stop the sale entirely. Have you tried negotiating a payment plan or offering to bring the account current?

Have you consulted with a commercial lawyer yet? UCC sale disputes can get complex quickly and you want someone who knows Article 9 inside and out. The reasonable notice requirement is fact-specific and a lawyer can help you build a strong challenge.

Also check your original loan documents - sometimes they include specific notice periods that are longer than the UCC minimums. Lenders occasionally forget about their own contractual requirements when they're rushing to sale.

One more thing to consider - you have the right to redeem the collateral by paying off the entire debt before the sale occurs. Even if you can't cure just the default, full redemption stops the sale process completely. Might be worth exploring if you have access to alternative financing.

Document everything! Send them a written objection letter immediately citing UCC 9-611's reasonable notice requirement. For specialized manufacturing equipment worth $180k, 8 days is clearly insufficient - courts have consistently held that high-value specialized collateral requires adequate time to reach appropriate buyers. Include in your letter that you're exploring refinancing options and need reasonable time per Article 9 standards. Also request they provide proof they notified all required parties including any junior lienholders. This creates a paper trail if you need to challenge the sale in court later.