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Re: Sorry another SOL question......


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Posted by JR (64.12.96.205) on November 12, 2002 at 14:13:17:

In Reply to: Re: Sorry another SOL question...... posted by Scr$ed by Ex on November 12, 2002 at 07:08:35:

In addition to Why Chat's comments...

You may also be able to use a lack of notice defense.

The following code and cases state that the failure to give notice may bar or limit a deficiency judgment. "Deficiency of guarantor barred when no notice of sale given".

UCC 9-507(1)
Crane v. Citicorp National Services, Inc 437 S.E.2d 50
Culbertson v. United States 960 F. Supp 1497
In re Long, 83 B.R.579
First American BAnk v. Wassel, 601 N.Y.S.2d 994 (Supreme Court 1993)


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