Motors Acceptance Corp. v. Rozier

Fletcher, Chief Justice.

The question certified by the Eleventh Circuit in this case is whether, under Georgia law, ownership of collateral passes from a debtor to a creditor upon repossession. For the reasons that follow, we hold that ownership remains with the debtor until the creditor disposes of or elects to retain the collateral in accordance with the procedures of the Georgia Uniform Commercial Code.

On August 8, 2002, creditor Motors Acceptance Corporation (MAC) repossessed an automobile from debtor Derryl Rozier for nonpayment under the terms of their installment loan sales contract. On…