Commerce Bank of St. Louis, N.A. v. Dooling

CRAHAN, Judge.

Defendant Margaret B. Dooling (“Borrower”) appeals the judgment entered against her in a court-tried case brought by Commerce Bank of St. Louis, N.A. (“Bank”) to recover a deficiency judgment, costs and attorney’s fees following repossession and sale of an automobile. The dispositive issue on appeal is whether Bank satisfied its burden of proof that it provided Borrower with reasonable notice of its sale of the automobile, which is a prerequisite to Bank’s right to recover a deficiency judgment after the sale pursuant to § 400.9-504(3) RSMo Cum Supp. 1993. We reverse.

In April,…