Magee v. Covington County Bank

¶ 21. For more than three years, CCB has retained possession of Magee’s property without sending him notice of its intent to sell the property or to retain it in complete satisfaction of the debt, as required by the Uniform Commercial Code. See Miss.Code Ann. §§ 75-9-610, -611, -620 (Rev.2002). In my judgment, this constitutes a wrongful retention of Ma-gee’s property.2 Now the majority, exhorting form over substance, finds that the circuit court — which erroneously ordered the property turned over to CCB, but shortly thereafter rescinded the order— did not have jurisdiction in a…