47-9626

47-9626. Action in which deficiency or surplus
is in issue

A. In an action arising from a transaction, other than a consumer transaction, in
which the amount of a deficiency or surplus is in issue, the following rules apply:

1. A secured party need not prove compliance with the provisions of this article
relating to collection, enforcement, disposition or acceptance unless the debtor or a
secondary obligor places the secured party's compliance in issue.

2. If the secured party's compliance is placed in issue, the secured party has the
burden of establishing that the collection, enforcement, disposition or acceptance was
conducted in accordance with this article.

3. Except as otherwise provided in section 47-9628, if a secured party fails to
prove that the collection, enforcement, disposition or acceptance was conducted in
accordance with the provisions of this article relating to collection, enforcement,
disposition or acceptance, the liability of a debtor or a secondary obligor for a
deficiency is limited to an amount by which the sum of the secured obligation, expenses
and attorney fees exceeds the greater of:

(a) The proceeds of the collection, enforcement, disposition or acceptance; or

(b) The amount of proceeds that would have been realized had the noncomplying
secured party proceeded in accordance with the provisions of this article relating to
collection, enforcement, disposition or acceptance.

4. For purposes of paragraph 3, subdivision (b), the amount of proceeds that would
have been realized is equal to the sum of the secured obligation, expenses and attorney
fees unless the secured party proves that the amount is less than that sum.

5. If a deficiency or surplus is calculated under section 47-9615, subsection F,
the debtor or obligor has the burden of establishing that the amount of proceeds of the
disposition is significantly below the range of prices that a complying disposition to a
person other than the secured party, a person related to the secured party or a secondary
obligor would have brought.

B. The limitation of the rules in subsection A of this section to transactions
other than consumer transactions is intended to leave to the court the determination of
the proper rules in consumer transactions. The court may not infer from that limitation
the nature of the proper rule in consumer transactions and may continue to apply
established approaches.