Ohio law permits the secured creditor to repossess or take back the property and to sell it in an attempt to recover the money  it is owed. 1309.610.  Ohio law requires that every aspect of the reposession and sale of the collateral to settle the buyer's debt be commercially reasonable. 1309.610. 

 

One problem arises when the creditor fails to give proper notice of the sale of the collateral.  Why has the code required this notice?  The debtor may want to come to the sale and make sure that the price is reasonable or even buy the property himself.  Since the debtor may be liable for any deficiency, he has a right to know that the sale has been conducted fairly.  We believe that failure to provide a minimum of ten days notice, preferably by certified mail, prior to the repossession sale constitutes commercially unreasonable behavior. 1309.612.  Where the reposession and/or sale is unreasonable, the creditor may not claim a deficiency balance against the debtor.