Bennett v. Bank of the South

Quillian, Presiding Judge.

This is an appeal from summary judgment for plaintiff-appellee bank in an action on a note to recover a deficiency judgment after the sale of repossessed collateral.

The repossessed collateral was an automobile which was sold for $200 where the balance owing on the note was in excess of $800. Appellee’s motion for summary judgment was supported by the affidavit of an employee reciting that the vehicle was sold at a private auction and the sale price declared to be commercially reasonable. Held:

“[T]he resale price in and of itself . .. was not evidence of the value of…