Okla. Stat. tit. 12A, § 12A-1-9-626
This is the official text of Okla. Stat. tit. 12A, § 12A-1-9-626, part of Oklahoma’s Stat. tit. 12A, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 12A,." Browse the sections below, each linked to its official government source.
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Action in which deficiency or surplus is in issue
Official statutory text
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 part 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 part.
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 158
(3) Except as otherwise provided in Section 1-9-628 of this
title, if a secured party fails to prove that the collection,
enforcement, disposition, or acceptance was conducted in accordance
with the provisions of this part 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’s
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 part relating
to collection, enforcement, disposition, or
acceptance.
(4) For purposes of subparagraph (B) of paragraph (3) of this
subsection, the amount of proceeds that would have been realized is
equal to the sum of the secured obligation, expenses, and attorney’s
fees unless the secured party proves that the amount is less than
that sum.
(5) If a deficiency or surplus is calculated under subsection
(f) of Section 1-9-615 of this title, 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.
(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 part 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 part.
Oklahoma Statutes - Title 12A. Uniform Commercial Code Page 158
(3) Except as otherwise provided in Section 1-9-628 of this
title, if a secured party fails to prove that the collection,
enforcement, disposition, or acceptance was conducted in accordance
with the provisions of this part 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’s
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 part relating
to collection, enforcement, disposition, or
acceptance.
(4) For purposes of subparagraph (B) of paragraph (3) of this
subsection, the amount of proceeds that would have been realized is
equal to the sum of the secured obligation, expenses, and attorney’s
fees unless the secured party proves that the amount is less than
that sum.
(5) If a deficiency or surplus is calculated under subsection
(f) of Section 1-9-615 of this title, 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.
Status: in_force · Read it on the official government site
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