mtnair Posted March 17, 2007 Report Share Posted March 17, 2007 DS called BofA and told them where his van was parked. January 11th they picked it up.Yesterday he got a Explanation of Deficiency or Surplus from BofA. They are wanting just over 4K. (Includes balance plus 1,240 repo expense, 320 repairs expense, 99 commission of sale)In the body of the letter it mentions in bold print "This is an attempt to collect a debt. Any information obtained will be used for that purpose."It also mentions to contact BofA immediately at the phone number listed above (there is no phone number listed above, although there is one listed below.)He also lives in Calif., where OC are treated the same as CAs.According to what I have read they were suppose to send a notice to him on when the sale was. He never received such a notice.Any ideas? I was thinking that he should respond with a letter asking about that notice, sent CMRRR. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted March 19, 2007 Report Share Posted March 19, 2007 You could do that. The UCC says the sale must be commercially reasonable. Notice before and after is included. The notice has to have certain things in it. Link to comment Share on other sites More sharing options...
Determined1 Posted March 20, 2007 Report Share Posted March 20, 2007 Hi Attorney,I just read your reply - I never fully resolved a repo issue from several years back. The notice of sale must be sent both before and after the vehicle is sold? Also, what other things must be listed in the deficiency notice?Thanks. Link to comment Share on other sites More sharing options...
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