Stoppi v. Wilmington Trust Co.

MOORE, Justice.

In this action under the Uniform Commercial Code, 6 Del.C. § 1-101 et. seq., we address for the first time the duty of a secured party to give written notice under 6 Del.C. § 9-504(3) 1 prior to a sale or disposition of repossessed collateral, irrespective of any actual notice received by a debtor from another source.

Plaintiffs (the Stoppis) sued in the Superior Court to recover statutory damages under 6 Del. C. § 9-507(1) 2 from Larry’s Homes, Inc. (“LHI” or “seller”) and the Wilmington Trust Company alleging that defendants failed to give plaintiffs the statutory notice…