R&J of Tennessee, Inc. v. Blankenship-Melton Real Estate, Inc.
Tennessee Court of Appeals
166 S.W.3d 195 (2005)
After purchasing a defaulted note secured by a boat, tractor, truck, and mobile home from Blankenship-Melton (defendant) and its guarantors, R&J (plaintiff), through its president Johnny Melton, waited seven months while family members used the collateral rent-free before initiating foreclosure; notice was sent to an outdated address for guarantor Blankenship, two delivery attempts failed, and R&J proceeded with the sale anyway without confirming receipt, with only Johnny and one relative attending and Johnny as the sole bidder. R&J then sued Blankenship for the deficiency, prevailing in the circuit court after losing in general sessions court, and Blankenship appealed challenging the notice and commercial reasonableness of the sale.
Whether a secured creditor may dispose of collateral after a debtor's default through a foreclosure sale.