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Supreme Court (Mo.) Says Dealer’s-Only Auction is Private Sale under Missouri UCC Notice Requirement

by Scott J. Hyman |

In Cent. Tr. Bank v. Branch, No. SC99297, 2022 Mo. LEXIS 221, at *15-18 (Sep. 13, 2022), the Missouri Supreme Court reversed lower courts' complaints about a Bank's post-repossession notices and vehicle disposition, finding that the Bank had properly disclosed a "dealers-only" auction as a private sale. The Bank asserts the circuit court erred in ruling the Bank did not… Read More

Superior Court (Pa.) Confirms Propriety of Automobile Post-Repossession Notice under UCC Safe Harbor

by Scott J. Hyman |

D'Happart v. First Commonwealth Bank, 2022 PA Super 132, 2022 Pa. Super. LEXIS 328 (No. 580 WDA 2021 August 5, 2022) , Judge Bender affirmed the Court of Common Pleas finding against a consumer who challenged the application of the UCC's safe harbor to the notice required after his vehicle was repossessed. Appellants' second issue, they claim that FCB's "pre-sale… Read More