Friendly Finance Corp. v. Bovee

HARTNETT, Justice.

This is an appeal from the grant of summary judgment in favor of Appellees Bryan Bovee and Joanne Whitlock (“Debtors”), by the Court of Common Pleas that was affirmed by the Superior Court. We consider the affirmative duties imposed on a creditor seeking a deficiency judgment after the sale of a repossessed motor vehicle. The Delaware Uniform Commercial Code requires that the creditor give “reasonable notification” to the debtor prior to selling the repossessed collateral at a public auction, and if proper notice is not given the creditor cannot prevail on a claim for a…