Legal Opinion

Boulevard Bank v. Malott

Missouri Court of Appeals

Decided January 29, 2013No. WD 74917PublishedCited by 6 opinions

1Opinion of the Court

ALOK AHUJA, Judge.

Herb Malott appeals from a judgment dismissing his claim that Boulevard Bank failed to comply with statutory notice requirements before selling Malott’s automobile, in which the Bank held a security interest. Because the Bank’s pre-sale notice failed to adequately advise Malott of the method of intended disposition of the vehicle, as required by §§ 400.9-613 and .9-614,1 we reverse, and remand the case to the circuit court for further proceedings.

Factual and Procedural Background

On September 19, 2007, Malott and the Bank entered into a Promissory Note and Security Agreement…

2Cases cited19 opinions

  1. Liberty National Bank v. GreinerOhio Court of Appeals · 1978
  2. Doe v. Visionaire Corp.Missouri Court of Appeals · 2000
  3. Dean MacHinery Co. v. Union BankMissouri Court of Appeals · 2003
  4. Davis v. Huntsville Production Credit Ass'nSupreme Court of Alabama · 1985
  5. Hertz Commercial Leasing Corp. v. Dynatron, Inc.Connecticut Superior Court · 1980

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3Cited by6 opinions

  1. Mo. Credit Union v. DiazMissouri Court of Appeals · 2018
  2. Nationwide Mutual Insurance Company v. Kalvin RichardsonCourt of Appeals for the Eighth Circuit · 2024
  3. Show-Me Credit Union v. MoselyMissouri Court of Appeals · 2018
  4. Cascade Collections v. CorrayCourt of Appeals of Utah · 2025
  5. Lory K. Wilson, Gregory S. Venable, and James B. Johnson v. Capital Partners Financial Group USA, Inc. and BTH Bank, National Association, Texas Court of Appeals, 5th District (Dallas)2022

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