<?xml version='1.0' encoding='utf-8'?>
<section article="gcl" article_name="Commercial Law" number="9-616" title_number="9" title_name="Secured Transactions" subtitle_number="6" subtitle_name="Default">
  <level label="a">
    <text>In this section:</text>
    <level label="1">
      <text>“Explanation” means a writing that:</text>
      <level label="A">
        <text>States the amount of the surplus or deficiency;</text>
      </level>
      <level label="B">
        <text>Provides an explanation in accordance with subsection (c) of how the secured party calculated the surplus or deficiency;</text>
      </level>
      <level label="C">
        <text>States, if applicable, that future debits, credits, charges, including additional credit service charges or interest, rebates, and expenses may affect the amount of the surplus or deficiency; and</text>
      </level>
      <level label="D">
        <text>Provides a telephone number or mailing address from which additional information concerning the transaction is available.</text>
      </level>
    </level>
    <level label="2">
      <text>“Request” means a record:</text>
      <level label="A">
        <text>Authenticated by a debtor or consumer obligor;</text>
      </level>
      <level label="B">
        <text>Requesting that the recipient provide an explanation; and</text>
      </level>
      <level label="C">
        <text>Sent after disposition of the collateral under § 9-610.</text>
      </level>
    </level>
  </level>
  <level label="b">
    <text>In a consumer-goods transaction in which the debtor is entitled to a surplus or a consumer obligor is liable for a deficiency under § 9-615, the secured party shall:</text>
    <level label="1">
      <text>Send an explanation to the debtor or consumer obligor, as applicable, after the disposition and:</text>
      <level label="A">
        <text>Before or when the secured party accounts to the debtor and pays any surplus or first makes written demand on the consumer obligor after the disposition for payment of the deficiency; and</text>
      </level>
      <level label="B">
        <text>Within 14 days after receipt of a request; or</text>
      </level>
    </level>
    <level label="2">
      <text>In the case of a consumer obligor who is liable for a deficiency, within 14 days after receipt of a request, send to the consumer obligor a record waiving the secured party’s right to a deficiency.</text>
    </level>
  </level>
  <level label="c">
    <text>To comply with subsection (a)(1)(B), a writing must provide the following information in the following order:</text>
    <level label="1">
      <text>The aggregate amount of obligations secured by the security interest under which the disposition was made, and, if the amount reflects a rebate of unearned interest or credit service charge, an indication of that fact, calculated as of a specified date:</text>
      <level label="A">
        <text>If the secured party takes or receives possession of the collateral after default, not more than 35 days before the secured party takes or receives possession; or</text>
      </level>
      <level label="B">
        <text>If the secured party takes or receives possession of the collateral before default or does not take possession of the collateral, not more than 35 days before the disposition;</text>
      </level>
    </level>
    <level label="2">
      <text>The amount of proceeds of the disposition;</text>
    </level>
    <level label="3">
      <text>The aggregate amount of the obligations after deducting the amount of proceeds;</text>
    </level>
    <level label="4">
      <text>The amount, in the aggregate or by type, and types of expenses, including expenses of retaking, holding, preparing for disposition, processing, and disposing of the collateral, and attorney’s fees secured by the collateral which are known to the secured party and relate to the current disposition;</text>
    </level>
    <level label="5">
      <text>The amount, in the aggregate or by type, and types of credits, including rebates of interest or credit service charges, to which the obligor is known to be entitled and which are not reflected in the amount in paragraph (1); and</text>
    </level>
    <level label="6">
      <text>The amount of the surplus or deficiency.</text>
    </level>
  </level>
  <level label="d">
    <text>A particular phrasing of the explanation is not required. An explanation complying substantially with the requirements of subsection (a) is sufficient, even if it includes minor errors that are not seriously misleading.</text>
  </level>
  <level label="e">
    <text>A debtor or consumer obligor is entitled without charge to one response to a request under this section during any six-month period in which the secured party did not send to the debtor or consumer obligor an explanation pursuant to subsection (b)(1). The secured party may require payment of a charge not exceeding $25 for each additional response.</text>
  </level>
</section>
