Ford Motor Credit Co. v. Mathis

660 So. 2d 1273, 1995 Miss. LEXIS 386, 1995 WL 456201
CourtMississippi Supreme Court
DecidedAugust 3, 1995
Docket92-CA-00418-SCT
StatusPublished
Cited by3 cases

This text of 660 So. 2d 1273 (Ford Motor Credit Co. v. Mathis) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ford Motor Credit Co. v. Mathis, 660 So. 2d 1273, 1995 Miss. LEXIS 386, 1995 WL 456201 (Mich. 1995).

Opinion

660 So.2d 1273 (1995)

FORD MOTOR CREDIT COMPANY,
v.
George MATHIS.

No. 92-CA-00418-SCT.

Supreme Court of Mississippi.

August 3, 1995.
Rehearing Denied October 12, 1995.

Nicholas Van Wiser, Byrd & Wiser, Biloxi, for appellant.

Williams S. Murphy, Murphy & Shepard, Lucedale, for appellee.

Before PRATHER, P.J., and SULLIVAN and JAMES L. ROBERTS, JJ.

JAMES L. ROBERTS, Justice, for the Court:

This is an appeal from a summary judgment entered against Ford Motor Credit Company ("FMCC") and in favor of George Mathis ("Mathis") on April 20, 1992, in the Circuit Court of George County, Mississippi. The trial court held FMCC's sale of a truck repossessed from Mathis at a wholesale auction open only to dealers was not commercially reasonable under Miss. Code Ann. § 75-9-504. We reverse.

FACTS AND PROCEDURAL HISTORY

On May 22, 1987, George Mathis purchased a used 1984 Mazda B2000 pickup truck which he financed through Ford Motor Credit Company. Mathis signed a Retail Installment Sales Contract whereby he agreed to pay the sum of $4,039.59 over a period of 42 months. He subsequently defaulted on the agreement and voluntarily surrendered the truck to FMCC.

*1274 After recovering the truck, FMCC mailed to Mathis via certified mail a notice of repossession prior to sale. The lower court found the notice complied with Miss. Code Ann. §§ 75-9-504 and 75-9-507 in all respects. The truck was sold at the Mississippi Automobile Auction in Hattiesburg, Mississippi, for the sum of one thousand six hundred fifty dollars ($1,650.00), a sale price which was 137% above the National Automobile Dealers Association "Blue Book" wholesale value. After making all "credits, adjustments and offsets" there was a remaining balance of $2,427.29 owing on the contract.

Subsequently, FMCC filed a complaint in the Circuit Court of George County, Mississippi, for recovery of the vehicle's outstanding balance of $2,427.29 plus $364.09 in attorney's fees for a total of $2,791.38. The defendant, Mathis, filed an answer in which he alleged that he was entitled to damages for FMCC's failure to dispose of the repossessed truck in a commercially reasonable manner, and for its failure to sell the truck for its reasonable fair market value. The issues were eventually narrowed to whether the post-repossession sale of the truck at the Mississippi Auto Auction was a commercially reasonable sale as required under the Uniform Commercial Code, Miss. Code Ann. §§ 75-9-504 and 75-9-507.

FMCC filed a Motion for Summary Judgment on April 24, 1990. A hearing on the motion was held on July 6, 1990, before the Honorable Clinton E. Lockard. Judge Lockard denied the motion without prejudice subject to its being reconsidered upon the submission of additional affidavits. The additional affidavits were subsequently filed with the court and FMCC's Motion for Summary Judgment was again heard by the circuit court, the Honorable Darwin Maples presiding. An order was entered on November 21, 1990, denying FMCC's motion. An amended order was filed by Judge Maples on January 3, 1991, in which he set out his findings of fact and conclusions of law upon which he based his decision to deny FMCC's Motion for Summary Judgment.

FMCC was then granted leave to petition this Court for an interlocutory appeal. On March 1, 1991, this Court denied that Petition for Leave to File Interlocutory Appeal. The case was set for trial on three separate occasions. Finally, on April 20, 1992, Mathis filed a Motion for Summary Judgment. On that same date, the circuit court, the Honorable Kathy King Jackson presiding, entered a ruling that Mathis was entitled to summary judgment as a matter of law. In granting summary judgment, Judge Jackson adopted the findings of fact and conclusions of law made by Judge Maples in an earlier order.

During discovery, FMCC submitted affidavits from Gordon Illing, an employee of FMCC, Gary Sells, assistant general manager of Mississippi Auto Auction in Hattiesburg, Rickie Chatagnier, an employee of General Motors Acceptance Corporation in Biloxi, Mississippi, and Al Payne, an employee of Chrysler Credit Corporation in Mobile, Alabama. The facts given in these affidavits were undisputed by Mathis and were therefore accepted as true by the lower court.

The Mississippi Auto Auction, Inc. is a wholly owned subsidiary of Anglo-American Auto Auction, Inc. Anglo-American Auto Auction, Inc. has subsidiaries doing business throughout the United States. These auctions are only open to licensed automobile dealers who are able to meet certain financial and stability criteria.

The Hattiesburg auto auction attracts dealers from all 50 states. However, the sales area primarily targeted by the auction includes 15 states. Those states primarily targeted include all the states bordering Mississippi plus California, Indiana, Texas, Arizona and Missouri. Regularly scheduled auctions are held once a week. In addition, special sales are also held. Prior to a sale approximately 3,500 mail-outs are sent to dealers in the target area. Employees of the Hattiesburg auction also make approximately 300 telephone calls per week to publicize the sales. The auction also has two traveling representatives, each of whom call upon about 75 dealers per week. There is an average weekly attendance of 220 dealers bidding on cars at the Hattiesburg auction. Mississippi Auto Auction, Inc. sold approximately 24,000 cars in 1989. Anglo-American Auto Auction, Inc., through its collective subsidiaries, *1275 sells approximately 500,000 cars per year.

In his affidavit, Sells stated that approximately 100 Ford repossessions are sold each week at the Hattiesburg auto auction. The auction also handles "repossession sales for local banks, finance companies, rental companies and some dealer consignments." "Virtually every type of lending entity regularly engaged in financing automobiles uses an auto auction similar to the Hattiesburg Auto Auction."

NADA "Blue Book" wholesale values are determined by the prices bid by dealers at car auctions which are transmitted by computer to the NADA. Auto auctions are virtually the only method used by FMCC, General Motors Acceptance Corporation and Chrysler Credit Corporation for selling repossessed vehicles.

The lower court held that although the data regarding auto auctions was not in dispute, "as a matter of law, that such a sale, calculated to generate a wholesale price [as opposed to a retail price], is not a commercially reasonable sale as is required under Mississippi's adopted version of Article 9 of the Uniform Commercial Code." FMCC was held to have complied with all other requirements of Article 9 in regard to the repossession of Mathis' truck.

APPEAL

FMCC argues that the resale of a repossessed automobile through a dealers-only auto auction intended to generate a wholesale price is a commercially reasonable sale under the UCC and the provisions of Miss. Code Ann. Sections 75-9-504 and 75-9-507. § 75-9-504 reads in pertinent part:

(3) Disposition of the collateral may be by public or private proceedings and may be made by way of one (1) or more contracts.

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Bluebook (online)
660 So. 2d 1273, 1995 Miss. LEXIS 386, 1995 WL 456201, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-motor-credit-co-v-mathis-miss-1995.