Okla. Stat. tit. 12A, § 12A-1-9-616
This is the official text of Okla. Stat. tit. 12A, § 12A-1-9-616, part of Oklahoma’s Stat. tit. 12A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12A,." Browse the sections below, each linked to its official government source.
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Explanation of calculation of surplus or deficiency
Official statutory text
EXPLANATION OF CALCULATION OF SURPLUS OR DEFICIENCY
(a) In this section:
(1) "Explanation" means a record that:
(A) states the amount of the surplus or deficiency;
(B) provides an explanation in accordance with subsection
(c) of this section of how the secured party
calculated the surplus or deficiency;
(C) 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
(D) provides a telephone number or mailing address from
which additional information concerning the
transaction is available.
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 150
(2) "Request" means a record:
(A) signed by a debtor or consumer obligor;
(B) requesting that the recipient provide an explanation;
and
(C) sent after disposition of the collateral under Section
1-9-610 of this title.
(b) In a consumer-goods transaction in which the debtor is
entitled to a surplus or a consumer obligor is liable for a
deficiency under Section 1-9-615 of this title, the secured party
shall:
(1) send an explanation to the debtor or consumer obligor, as
applicable, after the disposition and:
(A) before or when the secured party accounts to the
debtor and pays any surplus or first makes demand in a
record on the consumer obligor after the disposition
for payment of the deficiency; and
(B) within fourteen (14) days after receipt of a request;
or
(2) in the case of a consumer obligor who is liable for a
deficiency, within fourteen (14) days after receipt of a request,
send to the consumer obligor a record waiving the secured party's
right to a deficiency.
(c) To comply with subparagraph (B) of paragraph (1) of
subsection (a) of this section, an explanation must provide the
following information in the following order:
(1) 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:
(A) if the secured party takes or receives possession of
the collateral after default, not more than thirty-
five (35) days before the secured party takes or
receives possession; or
(B) if the secured party takes or receives possession of
the collateral before default or does not take
possession of the collateral, not more than thirty-
five (35) days before the disposition;
(2) the amount of proceeds of the disposition;
(3) the aggregate amount of the obligations after deducting the
amount of proceeds;
(4) 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 fees secured by the collateral which are known to the
secured party and relate to the current disposition;
(5) the amount, in the aggregate or by type, and types of
credits, including rebates of interest or credit service charges, to
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 151
which the obligor is known to be entitled and which are not
reflected in the amount in paragraph (1) of this subsection; and
(6) the amount of the surplus or deficiency.
(d) A particular phrasing of the explanation is not required.
An explanation complying substantially with the requirements of
subsection (a) of this section is sufficient, even if it includes
minor errors that are not seriously misleading.
(e) 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 paragraph (1) of
subsection (b) of this section. The secured party may require
payment of a charge not exceeding Twenty-five Dollars ($25.00) for
each additional response.
(a) In this section:
(1) "Explanation" means a record that:
(A) states the amount of the surplus or deficiency;
(B) provides an explanation in accordance with subsection
(c) of this section of how the secured party
calculated the surplus or deficiency;
(C) 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
(D) provides a telephone number or mailing address from
which additional information concerning the
transaction is available.
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 150
(2) "Request" means a record:
(A) signed by a debtor or consumer obligor;
(B) requesting that the recipient provide an explanation;
and
(C) sent after disposition of the collateral under Section
1-9-610 of this title.
(b) In a consumer-goods transaction in which the debtor is
entitled to a surplus or a consumer obligor is liable for a
deficiency under Section 1-9-615 of this title, the secured party
shall:
(1) send an explanation to the debtor or consumer obligor, as
applicable, after the disposition and:
(A) before or when the secured party accounts to the
debtor and pays any surplus or first makes demand in a
record on the consumer obligor after the disposition
for payment of the deficiency; and
(B) within fourteen (14) days after receipt of a request;
or
(2) in the case of a consumer obligor who is liable for a
deficiency, within fourteen (14) days after receipt of a request,
send to the consumer obligor a record waiving the secured party's
right to a deficiency.
(c) To comply with subparagraph (B) of paragraph (1) of
subsection (a) of this section, an explanation must provide the
following information in the following order:
(1) 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:
(A) if the secured party takes or receives possession of
the collateral after default, not more than thirty-
five (35) days before the secured party takes or
receives possession; or
(B) if the secured party takes or receives possession of
the collateral before default or does not take
possession of the collateral, not more than thirty-
five (35) days before the disposition;
(2) the amount of proceeds of the disposition;
(3) the aggregate amount of the obligations after deducting the
amount of proceeds;
(4) 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 fees secured by the collateral which are known to the
secured party and relate to the current disposition;
(5) the amount, in the aggregate or by type, and types of
credits, including rebates of interest or credit service charges, to
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 151
which the obligor is known to be entitled and which are not
reflected in the amount in paragraph (1) of this subsection; and
(6) the amount of the surplus or deficiency.
(d) A particular phrasing of the explanation is not required.
An explanation complying substantially with the requirements of
subsection (a) of this section is sufficient, even if it includes
minor errors that are not seriously misleading.
(e) 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 paragraph (1) of
subsection (b) of this section. The secured party may require
payment of a charge not exceeding Twenty-five Dollars ($25.00) for
each additional response.
Status: in_force · Read it on the official government site
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