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This entry was published on 2014-09-22
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SECTION 9-626
Action in Which Deficiency or Surplus is in Issue
Uniform Commercial Code (UCC) CHAPTER 38, ARTICLE 9, PART 6, SUBPART 2
Section 9--626. Action in Which Deficiency or Surplus is in Issue.

(a) Applicable rules if amount of deficiency or surplus is in issue.
In an action arising from a transaction, other than a consumer
transaction, in which the amount of a deficiency or surplus is in issue,
the following rules apply:

(1) A secured party need not prove compliance with the provisions

of this part relating to collection, enforcement,

disposition, or acceptance unless the debtor or a secondary

obligor places the secured party's compliance in issue.

(2) If the secured party's compliance is placed in issue, the

secured party has the burden of establishing that the

collection, enforcement, disposition, or acceptance was

conducted in accordance with this part.

(3) Except as otherwise provided in Section 9--628, if a secured

party fails to prove that the collection, enforcement,

disposition, or acceptance was conducted in accordance with

the provisions of this part relating to collection,

enforcement, disposition, or acceptance, the liability of a

debtor or a secondary obligor for a deficiency is limited to

an amount by which the sum of the secured obligation,

expenses, and attorney's fees exceeds the greater of:

(A) the proceeds of the collection, enforcement, disposition,

or acceptance; or

(B) the amount of proceeds that would have been realized had

the noncomplying secured party proceeded in accordance

with the provisions of this part relating to collection,

enforcement, disposition, or acceptance.

(4) For purposes of paragraph (3)(B), the amount of proceeds that

would have been realized is equal to the sum of the secured

obligation, expenses, and attorney's fees unless the secured

party proves that the amount is less than that sum.

(5) If a deficiency or surplus is calculated under Section

9--615(f), the debtor or obligor has the burden of

establishing that the amount of proceeds of the disposition

is significantly below the range of prices that a complying

disposition to a person other than the secured party, a

person related to the secured party, or a secondary obligor

would have brought.

(b) Non-consumer transactions; no inference. The limitation of the
rules in subsection (a) to transactions other than consumer transactions
is intended to leave to the court the determination of the proper rules
in consumer transactions. The court may not infer from that limitation
the nature of the proper rule in consumer transactions and may continue
to apply established approaches.