Wachovia Bank & Trust Co., N.A. v. Murphy

BROCK, Chief Judge.

At trial and on appeal defendants challenged the constitutionality of G.S. 25-9-601, which is the first section of Part 6 of Article 9, Chapter 25 (Uniform Commercial Code) of the North Carolina General Statutes upon the grounds that it violates the due process clause of the Fourteenth Amendment.

Part 6 is entitled, “Public Sale Procedures.” The first section of Part 6, G.S. 25-9-601, is entitled, “Disposition of collateral by public sale.” This portion of G.S. 25-9-601 which is the subject of defendants’ challenge reads as follows: “[A]ny disposition of the collateral by…