Anderson v. Peoples Security Bank of Maryland

503 A.2d 670, 1 U.C.C. Rep. Serv. 2d (West) 1052, 1986 D.C. App. LEXIS 268
CourtDistrict of Columbia Court of Appeals
DecidedJanuary 22, 1986
DocketNo. 85-96
StatusPublished
Cited by2 cases

This text of 503 A.2d 670 (Anderson v. Peoples Security Bank of Maryland) is published on Counsel Stack Legal Research, covering District of Columbia Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Anderson v. Peoples Security Bank of Maryland, 503 A.2d 670, 1 U.C.C. Rep. Serv. 2d (West) 1052, 1986 D.C. App. LEXIS 268 (D.C. 1986).

Opinion

PAIR, Senior Judge:

Following a bench trial in the Superior Court, Dale and Dolphine Anderson, appellants herein, were adjudged to be liable to appellee Peoples Security Bank of Maryland for the deficiency resulting from the bank’s private sale of their automobile after repossession. The primary issue on this appeal is whether the bank complied with the notification of sale requirements set forth in Maryland’s Commercial Code. We hold that it did so comply, and, because the Andersons’ other related contentions are without merit, we affirm the judgment.

On April 10, 1979, the Andersons purchased a new automobile from Croyste Toyota, Inc. of Marlow Heights, Maryland. They made a down payment of $900, which included a trade-in allowance, and financed the unpaid balance of $6,775.50 through Peoples Security Bank. The Andersons consummated the purchase by executing a “conditional sales contract” with the dealer which was thereafter assigned to the bank.1

The contract provided for repayment of the principal debt and annual finance charges (15.99%) over four years in monthly installments of $191.77. The bank retained a security interest in the automobile, as well as the right to repossess it should the Andersons default in their payments. In this event, the bank had authority under the contract to resell the automobile and apply the proceeds to the existing obligation, and then recover any deficiency directly from the Andersons.2

Within several months of their purchase, the Andersons fell behind in their payments to the bank and consequently were in default. The bank thereupon repossessed the automobile on October 1, 1979,3 and in a letter of that date notified the Andersons of the repossession and impending sale, saying in part:

We have repossessed the above described security, as a result of your breaching your contract. If you do not redeem it or request public resale, the security will be sold for the best price obtainable, and you will be advised as to your future liability under the contract.
If you have paid at least 50 percent of the cash price and so request in writing sent within such 15 days by registered mail, we will sell the security at public auction if your request is accompanied by a deposit of 10 percent of the above stated balance due, (maximum deposit $10.00). The proceeds of this sale, together with the deposit, will be applied first to the actual and reasonable selling costs; second, to the actual and reasonable cost of retaking and storage; third, to the unpaid balance owing on the con[672]*672tract. Any remaining surplus shall be paid to you and you shall be liable for any deficiency. [Emphasis in original.]4

On November 7, 1979, the bank resold the automobile at a private sale. Because the proceeds from that sale were not sufficient to extinguish the debt, the bank commenced in the Superior Court the present action against the Andersons to recover the deficiency.5

The Andersons in April 1981 filed an answer to the complaint and a counterclaim. The counterclaim was predicated, inter alia, on the bank’s failure to provide “reasonable notification of the time and place when the subject automobile was sold” in contravention of D.C.Code §§ 28:9-504, 9-506 (1981 & Supp.1985). The Ander-sons later amended their counterclaim to rely instead on the corresponding (and nearly identical) sections of the Maryland Commercial Code since “the entire transaction occurred in Maryland,” thereby rendering the District’s commercial law inapplicable. The bank in January 1982 answered the amended counterclaim, raising as its sixth defense a claim that the Andersons had “actual notice of the time, place and manner of the sale of the automobile.”

The matter came to trial in November 1984.6 Thereafter, judgment was entered in favor of the bank on both the original complaint and the Andersons’ counterclaim.7 Following the denial of their motion for a new tiral, the Andersons appealed to this court raising three related contentions: (1) that the bank’s letter notifying them of the repossession and impending private sale of their automobile was inadequate as a matter of law under Md. Com.Law Code Ann. § 9-504(3) (1984 Supp.); (2) that the trial court committed reversible error in permitting the introduction into evidence of the notification letter since it was not authenticated by the bank’s only witness; and (3) that the court erred in applying a “presumption of receipt” to the notification letter. The bank counters that it fully complied with the notification provision of Maryland’s Retail Installment Sales Act, Md.Com.Law Code Ann. § 12-624(d) (1983 & Supp.1984), and that the notification letter was properly admitted into evidence and presumed to have been received by the Andersons.

We note at the outset that our decision here rests upon our construction of Maryland commercial law. The parties proposed to the trial court, and are in agreement before this court, that Maryland law is applicable. See Young v. State Farm Mutual Automobile Insurance Co., 213 A.2d 890, 891 (D.C.1965). While this is not necessarily controlling, Montgomery Federal Savings and Loan Association v. Baer, 308 A.2d 768, 770 (D.C.1973), on this record it seems clear that the transaction was centered in Maryland, particularly with regard to the situs of the purchase and performance, i.e., repayment, as well [673]*673as the lender’s and seller’s places of business. See Gagnon v. Wright, 200 A.2d 196, 198 (D.C.1964) (citing Kirschner v. Klavik, 186 A.2d 227, 228-29 (D.C.1962)). Moreover, it appears that the bank filed suit in the Superior Court only because service of process on the Andersons could not be effectuated in Maryland. Thus, for these reasons, we hold that Maryland law is controlling.

We hold also that Maryland law was correctly applied in this case, although resolution of the dispositive issue, viz., whether the bank was required to comply with the notice provisions of § 9-504(3) or § 12-624(d) of the commercial code, is made difficult by the absence of decisional law precisely on point. Section 9-504 governs aspects of the disposition of collateral upon default. Subparagraph (3) provides in part as follows:

Disposition of the collateral may be by public or private proceedings and may be made by way of one or more contracts. Sale or other disposition may be as a unit or in parcels at any time and place and on any terms but every aspect of the disposition including the method, manner, time, place and terms must be commercially reasonable. Unless collateral is perishable or threatens to decline speedily in value or is of a type customarily sold on a recognized market reasonable notification of the time and place of any public sale or reasonable notification of the time after which any private sale or other intended disposition is to be made shall be sent by the secured party to the

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In re O.M.
565 A.2d 573 (District of Columbia Court of Appeals, 1989)

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Bluebook (online)
503 A.2d 670, 1 U.C.C. Rep. Serv. 2d (West) 1052, 1986 D.C. App. LEXIS 268, Counsel Stack Legal Research, https://law.counselstack.com/opinion/anderson-v-peoples-security-bank-of-maryland-dc-1986.