Moore v. Wells Fargo Construction
Court of Appeals of Indiana
903 N.E.2d 525 (2009)
Richard Moore (defendant), a principal of McCawith Energy, personally guaranteed McCawith's note to CIT (later Wells Fargo Construction) (plaintiff) securing a refinanced excavator, waiving notice and commercially-reasonable-disposition requirements only after default. After McCawith defaulted and CIT repossessed the excavator, CIT sent Moore a notice of a public sale identifying the excavator, the auction date and time, the auction website, and the physical address of the company operating that website; the excavator failed to sell at auction and was later sold privately for less than owed, and CIT/Wells Fargo sued Moore for the deficiency, winning judgment before Moore appealed.
Whether a notice of disposition of collateral that provides the web address and physical address of an auction company conducting the public sale satisfies the location requirement in Uniform Commercial Code § 9-613(1)(E).