McMillian v. Bank South, N.A.

Pope, Judge.

This appeal follows the trial court’s grant of summary judgment to plaintiff Bank South in an action to obtain a deficiency judgment after the sale of repossessed collateral.

1. McMillian first contends Bank South failed to use reasonable care in preserving the value of the collateral, as required by OCGA § 11-9-207. As to this issue, Bank South’s business records show that at the time it took possession of the car it was in poor (inoperable) condition; this evidence was refuted only by McMillian’s unsupported and conclusory allegation that the car was not “junk” at the time of…