FORD MOTOR CREDIT CO. v. POTTS

No. 88-1519.

47 Ohio St. 3d 97 (1989)

FORD MOTOR CREDIT COMPANY, APPELLANT, v. POTTS, APPELLEE.

Supreme Court of Ohio.

Decided December 20, 1989.


Attorney(s) appearing for the Case

Porter, Wright, Morris & Arthur, James P. Botti and Carole D. Weiss, for appellant.

Legal Aid Society of Columbus, Ruth F. Ross and Leslie Varnado, Jr., for appellee.

Legal Aid Society of Cleveland and Paul Herdeg, urging affirmance for amicus curiae, Cleveland Consumer Action, Inc.


WRIGHT, J.

The initial issue that we must decide involves two questions. First, as a matter of law, does R.C. 1317.12, 1317.16 or 1309.47 require a secured creditor to take steps beyond sending notice of sale (and, if sent together, notice of right to cure), by certified mail to the debtor's last known address? Second, do these statutes stay the creditor's right to sell the collateral until after the creditor receives the certified mail receipt showing that the notice...

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