Ellen Foley v. Capital One Bank, N.A.

OPINION

J. BRETT BUSBY, Justice.

Ellen Foley appeals from a deficiency judgment rendered in favor of Capital One Bank, N.A. (“Capital One”), which repossessed and sold a vehicle that Foley had purchased with proceeds of a loan from Capital One. Because there is legally insufficient evidence that Capital One disposed of the vehicle in a commercially reasonable manner, we reverse the judgment of the trial court and render judgment that Capital One take nothing on its claim against Foley.

Background

In 2006, Foley executed a motor vehicle sales installment contract with Capital One for the purchase…