Question
Patten bought a $10,000 car from the Evans Motor Company by making a $3,000 down payment and by signing a security agreement which required monthly
Patten bought a $10,000 car from the Evans Motor Company by making a $3,000 down payment and by signing a security agreement which required monthly payments for four years until the remaining $7,000 was paid off. After two years of making payments, Patten defaulted still owing $4,000. Evans gave Patten notice that it intended to repossess the car, did so, and subsequently sold it for $1,900 at a private sale. The expenses of the repossession and sale of the car amounted to $400 so that Evans credited Patten's account with $1,500. This left Patten owing Evans $2,500. Which, of the following statements is correct?
Select one:
a.
Evans can hold Patten for the $2,500 deficiency.
b.
The expenses of retaking and selling the collateral shouldn't have been credited to Patten's account. Thus, Patten was left owing only $2,100.
c.
Because the collateral was not sold at a public auction, the sale was not conducted in a "commercially reasonable manner" and therefore subject to challenge by Patten.
d.
All of the above are correct.
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