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0 tracked cards Supplemental - Not MEE July 2026

In a nonconsumer secured transaction, the secured party sells collateral after default but fails to prove that it sent required notice and conducted a commercially reasonable sale. The secured party seeks a deficiency.
What is the usual Article 9 consequence?

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Commercial reasonableness defects create automatic criminal liability but never affect deficiency. In a nonconsumer transaction, Article 9 generally applies a rebuttable-presumption approach when the secured party fails to prove compliance with disposition rules. The secured party automatically gets the full claimed deficiency regardless of notice or sale defects. The debtor must pay double the deficiency if the secured party sent no notice.

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