General Motors Acceptance Corp. v. Carter

Gardner, Judge:

General Motors Acceptance Corporation (GMAC) sued George Carter (Carter) for deficiency judgment following the resale of a repossessed automobile; the appealed order granted summary judgment in favor of GMAC. We reverse.

The dispositive issue in this case is whether GMAC compled with Section 36-9-504(3), Code of Laws of South Carolina (1976) of the Uniform Commercial Code relating to notice of sale.

We preface our discussion of the facts and law by observing that in an action for deficiency judgment, a secured party has the burden of proving compliance with all statutory…