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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

Court of Appeal (Cal.) Says in Unpublished Decision that ASFA Requires that NOI be “Mailed”, not “Received” within 15 Days of Sale; “Last Known Address” is Address on File, Not Where Vehicle Was Repossessed

by Scott J. Hyman |

In Baseline Financial Services, Inc. v. Hobbs, 2016 WL 7243531, at *4–6 (Cal.App. 4 Dist., 2016), the Court of Appeal in an unpublished decision found that an automobile lender complied with the mailing requirements of the ASFA. It is undisputed that Bank of the West sold the vehicle on March 18, 2010. Baseline presented in evidence an NOI with respect… Read More