Hartford-Carlisle Savings Bank v. Shivers

LAVORATO, Justice.

The case comes to us on six certified questions from the federal district court. The questions concern the viability of the absolute bar rule in Iowa. The rule bars a secured creditor from obtaining a deficiency judgment when the creditor fails to give the debtor notice of the sale of collateral required by Iowa Code section 554.9504(3) (1993). We had strictly applied the rule until Barnhouse v. Hawkeye State Bank, 406 N.W.2d 181 (Iowa 1987). The peculiar facts in Bamhouse led us not to apply the rule in that case. We conclude that the absolute bar rule is presently the law…