Marshall v. Fulton National Bank

McMurray, Presiding Judge.

This case involves a tort action (conversion) resulting from the foreclosure of a security interest in consumer goods.

The Uniform Commercial Code (Code Ann. § 109A-9 — 505 (Ga. L. 1962, pp. 156,425, as revised by Ga. L. 1978, pp. 1081,1132)) states that in cases involving consumer goods where the debtor has paid 60% of the cash price or 60% of the loan and has not renounced or modified his rights, compulsory disposition of the collateral is required within 90 days after the secured party takes possession, and the debtor may “at his option... recover in conversion...”…