Gladys Gardner v. Ally Financial Incorporated

514 F. App'x 378

Opinion

Reversed and remanded by unpublished PER CURIAM opinion.

PER CURIAM:

The background of this case is set forth in Gardner v. Ally Financial, Inc., 488 Fed.Appx.709 (4th Cir.2012). There, we certified to the Court of Appeals of Maryland the following question:

Where tangible personal property financed pursuant to Maryland’s Creditor Grantor Closed End Credit Act (“CLEC”), Md.Code Ann., Com. Law §§ 12-1001 et seq., is subsequently repossessed and sold by the credit grantor at an auction that is publicly advertised but requires a $1,000 refundable fee for a person to enter and observe the auction, regardless of whether the person intends to bid, is the sale a private sale under CLEC, and thus subject to the post-sale disclosure requirements in Md. Code Ann., Com. Law § 12—1021(j)(2), or is it a “public auction” (or “public sale”), subject instead to the requirements of § 12-1021(k)?

Id. at 711. The Court of Appeals of Maryland determined, “the auctions at issue were ‘private sales’ under CLEC, Section 12—1021(j).” Gardner v. Ally Financial, Inc., 430 Md. 515, 61 A.3d 817, 2013 WL 765013 at *1 (Mar. 13, 2013). Accordingly, we conclude that the district court erred in deciding “the repossessed vehicles were ... sold at ‘public sales.’ ” Scott v. Nuvell Financial Servs., LLC, 789 F.Supp.2d 637, 638 (D.Md.2011).

Therefore, we reverse the judgment of the district court and remand to the District of Maryland for further proceedings, consistent -with the Court of Appeals of Maryland’s decision.

REVERSED AND REMANDED.