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Session Laws, 1988
Volume 770, Page 4225   View pdf image
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WILLIAM DONALD SCHAEFER, Governor Ch. 632

cause their value to be increased or decreased above or below the
market value for goods of like kind and quality.

(3)  IN ADDITION TO THE INFORMATION REQUIRED UNDER
PARAGRAPH (2) OF THIS SUBSECTION, THE SELLER SHALL FILE WITH THE
COMMISSIONER OF CONSUMER CREDIT THE PURCHASER'S NAME, ADDRESS,
AND BUSINESS ADDRESS. THE COMMISSIONER MAY PROVIDE TO THE
BORROWER THE PURCHASER'S NAME, ADDRESS, AND BUSINESS ADDRESS IF
THE COMMISSIONER DETERMINES THAT THE BORROWER MUST HAVE THE
INFORMATION IN ORDER TO ASCERTAIN THAT:

(I)  THE SALE WAS ACCOMPLISHED IN A COMMERCIALLY
REASONABLE MANNER; AND

(II)  ANY ALLEGED DEFICIENCY BALANCE DUE THE
SELLER IS, IN FACT, DUE.

(4)  The Commissioner of Consumer Credit may make a
determination concerning any private sale that the sale was not
accomplished in a commercially reasonable manner. Upon that
determination, the Commissioner may enter an order disallowing
any claim for a deficiency balance.

12-1021.

(j) (1) The credit grantor shall sell the property that was
repossessed at private sale (subject to the provisions of
paragraph (2) of this subsection) or at public auction. At least
10 days before the sale, the credit grantor shall notify the
consumer borrower in writing sent by certified mail, return
receipt requested, sent to the consumer borrower's last known
address of the time and place of sale. Any sale of repossessed
property must be accomplished in a commercially reasonable
manner.

(2) In all cases of a private sale of repossessed
goods under this section, a full accounting shall be made to the
borrower in writing and the seller shall file a copy of this
accounting with the Commissioner of Consumer Credit. This
accounting shall contain the following information:

(i) The unpaid balance at the time the goods
were repossessed;

(ii) The refund credit of unearned finance
charges and insurance premiums, if any;

(iii) The remaining net balance;

(iv) The proceeds of the sale of the goods;

(v) The remaining deficiency balance, if any,
or the amount due the buyer;

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Session Laws, 1988
Volume 770, Page 4225   View pdf image
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