Springfield Chrysler-Plymouth, Inc. v. Harmon

858 S.W.2d 240, 23 U.C.C. Rep. Serv. 2d (West) 974, 1993 Mo. App. LEXIS 1032, 1993 WL 246014
CourtMissouri Court of Appeals
DecidedJuly 8, 1993
Docket18301
StatusPublished
Cited by8 cases

This text of 858 S.W.2d 240 (Springfield Chrysler-Plymouth, Inc. v. Harmon) is published on Counsel Stack Legal Research, covering Missouri Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Springfield Chrysler-Plymouth, Inc. v. Harmon, 858 S.W.2d 240, 23 U.C.C. Rep. Serv. 2d (West) 974, 1993 Mo. App. LEXIS 1032, 1993 WL 246014 (Mo. Ct. App. 1993).

Opinions

MONTGOMERY, Presiding Judge.

Springfield Chrysler-Plymouth, Inc. (Plaintiff) brought this action for a deficiency judgment after Defendants Ted and Opal Harmon1 defaulted on a car loan. Ted cross-claimed against Opal for all sums adjudged against him in Plaintiff’s favor, alleging she assumed the obligation to Plaintiff in a separation agreement incorporated in their dissolution of marriage decree. After a nonjury trial, Plaintiff was awarded a judgment for $7,647.98 against Ted and Opal. Ted prevailed against Opal on his cross-claim for the same amount. Only Ted appeals.

Ted’s single point asserts the trial court misapplied the law in granting Plaintiff a judgment since no proper notice was given regarding disposition of the collateral. He argues the notice failed to comply with § 400.9-504(3)2 because (a) it did not specify whether disposition of the collateral would be made by public or private sale and was otherwise ambiguous, (b) Plaintiff failed to provide him with reasonable notification of its intended disposition of the collateral, and (c) Plaintiff was not the secured party when the required notice was sent. According to Ted, Plaintiff’s right to a deficiency judgment arises only after a proper notice of the disposition of the collateral is given.

Our review is under Rule 73.01(c). As that rule is interpreted, we are to sustain the trial court’s judgment unless there is no substantial evidence to support it, unless it is against the weight of the evidence, unless it erroneously declares the law, or unless it erroneously applies the law. Stancil v. Fair, 811 S.W.2d 503, 504 (Mo.App.1991). Fact issues upon which no specific findings are made are considered as having been found in accordance with the result reached. Rule 73.01(a)(2).

The only evidence at trial was offered by Plaintiff, although Ted personally appeared. The evidence revealed that on August 9, 1989, Ted and Opal purchased a 1989 Plymouth from Plaintiff for $14,580. In connection with the sale, the purchasers executed a promissory note in the amount of $13,959.42, payable in monthly installments of $332.24, along with a security agreement granting Plaintiff a security interest in the vehicle.

Paragraph 6 of the security agreement provided, inter alia, as follows:

Any requirements of reasonable notice by the secured party shall be met if such notice is mailed, postage prepaid, to the address of the debtor shown at the beginning of this agreement (or to such other address as the debtor may have requested in writing) ...

Ted and Opal listed their address on the security agreement as 3645 S. Newton, Springfield, Missouri.

Subsequently, the note and security agreement were assigned to Commerce Bank under the terms of a repurchase agreement. That agreement required Plaintiff to pay the bank the amount of the outstanding debt, plus certain expenses, in the event of an uncured default, effective twenty days after notice of default to purchasers.

Regular payments were made on the note until December 1990. Around January 1,1991, Opal notified the bank that she and Ted were divorced and she was unable to pay for the Plymouth which was in her possession. Opal indicated she was residing in Alabama and that she would turn the vehicle in to a local bank. The vehicle was [242]*242subsequently repossessed by Commerce bank.

On January 18, 1991, the bank notified Ted and Opal by letter of their default, the repossession of the vehicle and their right to cure. One copy of the letter was sent to both parties in Alabama and another copy to them at 3645 S. Newton, Springfield, Missouri. Both letters were sent certified mail, return receipt requested. The letter sent to the Springfield address was returned to the bank as nondeliverable or as unclaimed. Two receipts were returned to the bank regarding the Alabama letter signed by “D. Adams.”

On February 4, 1991, the vehicle was returned to Plaintiff pursuant to the repurchase agreement. The note and security agreement were later assigned back to Plaintiff.

On February 5, 1991, Plaintiff sent a letter by certified mail to Ted and Opal at their Springfield address. The letter stated, in pertinent part:

You are hereby notified that [Plaintiff] has taken possession of the above described collateral due to default under the note or security agreement in the above transaction and hereby notifies you, pursuant, Section 400.9501 through 400.9507, R.S., Mo. that it intends to sell or dispose of said collateral unless you redeem same by paying the payoff balance and repossession costs. Disposition or sale will occur after (10) days from the date of this letter. You may redeem the collateral, as indicated, within twenty days from the date of possession. Possession date on this vehicle was 02-04-91.

This letter was returned unclaimed after it had been forwarded to an address in Grand Island, Nebraska.

Plaintiff paid the bank $12,610.72 on March 20, 1991, and received a repossession title to the vehicle. After soliciting bids on the vehicle, Plaintiff received three bids from car dealers ranging from $4,500 to $4,825. Plaintiff then purchased the vehicle for $5,100. Later, Plaintiff sold the vehicle to a retail customer for $7,010.

Certain legal principles apply generally to Ted’s claim that Plaintiffs right to a deficiency judgment was contingent upon a proper notice to him regarding disposition of the collateral.

The purpose of the statutory notice is to apprise the debtor of the details of a sale so that the debtor may take whatever action he deems necessary to protect his interest. Cherry Manor v. American Health Care, 797 S.W.2d 817, 821 (Mo.App.1990). “Since deficiency judgments after repossession of collateral are in derogation of the common law, any right to a deficiency accrues only after strict compliance with the relevant statutes.” Gateway Aviation, Inc. v. Cessna Aircraft Co., 577 S.W.2d 860, 863 (Mo.App.1978); Modern Auto Co., Inc. v. Bell, 678 S.W.2d 443, 444 (Mo.App.1984). Gateway and subsequent cases have established the doctrine of “No Notice — No Deficiency” in this state. Boatmen’s Nat’l Bank v. Eidson, 796 S.W.2d 920, 922 (Mo.App.1990).

Any doubt as to what constitutes strict compliance with the notice requirement is resolved in favor of the debtor. Chrysler Capital Corp. v. Cottar, 762 S.W.2d 859, 861 (Mo.App.1989). The party seeking the deficiency judgment bears the burden of proving compliance with § 400.9-504(3), including the burden of proving the sufficiency of the notice. Cherry Manor at 821.

Orderly discussion of Ted’s point requires that we first address ground (b) on whether Plaintiff gave “reasonable notification” of its intended disposition of the collateral.

Section 400.9-504(3) provides, in pertinent part, as follows:

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Springfield Chrysler-Plymouth, Inc. v. Harmon
858 S.W.2d 240 (Missouri Court of Appeals, 1993)

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Bluebook (online)
858 S.W.2d 240, 23 U.C.C. Rep. Serv. 2d (West) 974, 1993 Mo. App. LEXIS 1032, 1993 WL 246014, Counsel Stack Legal Research, https://law.counselstack.com/opinion/springfield-chrysler-plymouth-inc-v-harmon-moctapp-1993.