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Session Laws, 1994
Volume 773, Page 3488   View pdf image
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S.B. 209.                                                  VETOES

(vii) The requirement that the purchaser's name, address, and business
must be filed by the seller with the Commissioner of Consumer Credit and that the
Commissioner may provide that information to the borrower where it is necessary to
ascertain that:

1.       The sale was accomplished in a commercially reasonable
manner; and

2.       Any alleged deficiency balance due the seller is, in fact, due;

(viii) The number of bids sought and received; and

(ix) Any statement as to the condition of the goods at the time of
repossession which would 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.

(k) (1) The provisions of this subsection apply to a public sale of goods which
secured a loan in excess of $2,000 at the time the loan was made.

(2) The proceeds of a sale to which this subsection applies shall be applied,
in the following order, to:

(i) The actual and reasonable cost of the sale;.

(ii) The actual and reasonable cost of retaking and storing the goods;
and

(iii) The unpaid balance owing under the agreement at the time the
goods are repossessed.

(3)     The lender shall furnish to the buyer a written statement which shows
the distribution of the proceeds.

(4)     If the provisions of this section, including the requirement of furnishing
a notice following repossession, are not followed, the lender shall not be entitled to any
deficiency judgment to which he would be entitled under the loan agreement.

- 3488 -

 

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Session Laws, 1994
Volume 773, Page 3488   View pdf image
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