Union Nat'l Bank of Wichita v. Schmitz

Lewis, J.:

This action was commenced by Union National Bank (UNB) against Clifford J. Schmitz (defendant) for the recovery of a deficiency judgment in the amount of $2,087.97. The trial court concluded that UNB’s sale of a repossessed vehicle was not commercially reasonable and denied it a deficiency judgment. UNB appeals from that decision. After careful review, we reverse the decision of the trial court and remand with directions.

The original lawsuit was filed as a limited action, and the evidence offered by UNB to sustain its burden of proof was also limited. UNB called one witness, an…