Ford v. General Motors Acceptance Corp.

633 A.2d 410, 98 Md. App. 257, 1993 Md. App. LEXIS 170
CourtCourt of Special Appeals of Maryland
DecidedDecember 1, 1993
DocketNo. 1990
StatusPublished
Cited by2 cases

This text of 633 A.2d 410 (Ford v. General Motors Acceptance Corp.) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ford v. General Motors Acceptance Corp., 633 A.2d 410, 98 Md. App. 257, 1993 Md. App. LEXIS 170 (Md. Ct. App. 1993).

Opinion

WILNER, Chief Judge.

Appellant filed suit in the Circuit Court for Baltimore City against appellee, General Motors Acceptance Corporation (GMAC), claiming that GMAC had wrongfully repossessed appellant’s truck. He sought both money damages for the wrongful conduct to date and an order staying any sale of the vehicle. On GMAC’s motion, the court dismissed the complaint for failure to state a claim upon which relief could be granted, and appellant has filed this appeal.

Regrettably, the record is somewhat thin as to all of the essential underlying facts. We do know this much. In July, 1990, appellant purchased a 1990 Nissan Pathfinder truck and financed part of the purchase price with GMAC. The financing was evidenced by a Retail Installment Sales Contract signed by appellant and GMAC. The section of that contract dealing with repossession provided, in relevant part:

“Repossession means that, if you fail to pay according to the payment schedule or if you break any of the agreements in this contract (default), or if the vehicle is seized by the police, the Creditor can take the vehicle from you. To take the vehicle the Creditor can enter your property, or the property where it is stored, so long as it is done peacefully.
If the Creditor repossesses the vehicle, you have the right to get it back (redeem) at any time before it is sold, unless the vehicle was seized by the police.”

(Emphasis added).

On May 30, 1991, appellant lent the vehicle to his girlfriend, Laurenea Nias. Ms. Nias, in turn, picked up a passenger. Officers of the Baltimore City Police and the Federal Drug Enforcement Agency, having apparently been previously informed that this passenger would be carrying drugs, stopped the car, searched the passenger, and found the drugs in his tennis shoe. With Ms. Nias’s consent, the officers also [260]*260searched the truck but found no other controlled substance. Ms. Nias was not charged, but, presumably because an occupant of the vehicle had been found in possession of the contraband, the officers seized the vehicle and had it transported to an impound lot.

GMAC was informed of the seizure by DEA; it elected then to exercise its right under the contract to repossess the vehicle and, on August 19, 1991, notified appellant that unless he paid the accelerated balance of $15,176-by September 6, 1991, the truck would be sold. Through letters from his attorney, appellant protested, pointing out, first to GMAC and later to its attorney, that all payments under the contract were current and that he was totally innocent in the matter. In his September 3 letter to GMAC’s lawyer, counsel averred that appellant had lent the truck to his girlfriend who, herself, had no knowledge that the passenger was carrying drugs. Asserting the lack of any evidence that Ms. Nias was in any way involved in illegal activity or was acting as appellant’s agent, he demanded the' return of the vehicle. When GMAC ignored that demand, appellant brought this suit seeking, as we indicated, an order staying any sale of the truck and damages.

In its motion to dismiss, GMAC informed the court that, as appellant had failed to redeem the vehicle in accordance with the August 19 notice, the car had been sold. In support of its contractual right to repossess and sell goods seized by the police, GMAC cited Md.Code.Comm.Law art., § 12-624(a), authorizing the holder of a retail installment sales contract to repossess goods sold under the contract if “[t]he goods were seized by a police department, bureau, or force,” and § 12-625(d), declaring that no right of redemption existed in goods that were so seized. GM1AC stands by that position in this appeal — that it acted pursuant to contractual powers that were, in turn, specifically authorized by the Legislature as part of the Retail Installment Sales Act.

Appellant counters that § 12-624 of the Commercial Law article must be read in conjunction with § 297 of art. 27, which provides for, but establishes certain conditions to, the seizure [261]*261and forfeiture of vehicles (and other property) used in connection with controlled dangerous substances. One of those conditions is that a vehicle shall not be seized and recommended for forfeiture when it appears that an innocent owner has lent the vehicle to another and that person or someone invited by that person causes controlled substances to be brought into the vehicle without the owner’s knowledge. A harmonic reading of the two statutes, he avers, leads to the conclusion that, unless the buyer is otherwise in default under the agreement, the right of repossession given in § 12-624 does not apply to an “innocent owner.”

Implicit in appellant’s argument is the assumption that, absent statutory authorization for a creditor to repossess solely upon a seizure by the police, any such provision in a retail installment sales contract would be unlawful. GMAC has taken no issue with that assumption, and, indeed, we think it is a fair and accurate one.

The Retail Installment Sales Act is remedial in nature and was intended “to curb serious actual or potential evils.” Hudson v. Md. State Housing Co., 207 Md. 320, 331, 114 A.2d 421 (1955). It provides extensive regulation of that form of marketing, including, in § 12-624, specifying the events and circumstances under which a creditor is entitled to repossess the goods sold. Prior to the addition in 1984 of the language allowing repossession when the goods were “seized” by a police agency, there was no suggestion that a contract subject to that Act could permit repossession solely on that account. We hold, therefore, that the authority provided in the contract must be read in pan materia with § 12-624, and that the contractual authority cannot extend beyond the statutory authority.

The question presented to us by appellant is thus a very limited one of statutory construction — the meaning of the word “seized” in §§ 12-624 and 12-625.

The fundamental rules of statutory construction have been recited many times by the Court of Appeals. A fair and [262]*262recent summary is provided in Motor Vehicle Admin. v. Shrader, 324 Md. 454, 462-63, 597 A.2d 939 (1991):

“The cardinal rule of statutory construction is to ascertain and effectuate legislative intent---- Because the language of the statute is the primary source of legislative intent ... the words of the statute must be given their ordinary and natural meaning....
On the other hand, the plain meaning rule is not rigid and does not force us to read legislative provisions in rote fashion and in isolation.... One equally well-settled principle of statutory interpretation is that a statute is to be construed reasonably with reference to the purpose, aim or policy of the legislature reflected in the statute.... Additionally, a statute must be construed in context; ‘[t]he “meaning of the plainest language” is controlled by the context in which it appears’____ Thus, when construing a provision that is part of a single statutory scheme, the legislative intent must be gleaned from the entire statute, rather than from only one part.... Also, legislative reports and other pertinent legislative history may help to provide the appropriate context.”

(Citations omitted.)

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Bluebook (online)
633 A.2d 410, 98 Md. App. 257, 1993 Md. App. LEXIS 170, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ford-v-general-motors-acceptance-corp-mdctspecapp-1993.