United States First Circuit

Summary judgment for plaintiff bank in action to collect on deficiency of ship mortgage loan amount due after the default sale of defendant's yacht, is affirmed, where there is no merit to defendant's claim that plaintiff failed to provide proper notice of the sale or was required to comply with the notice proviso in Section 4.05 of the mortgage because Sections 4.01 through 4.07 gave plaintiff multiple stand-alone options upon default and, given these choices, it opted to conduct a sale under the Florida UCC pursuant to Section 4.06.

Appellate Information

• Decided 03/13/2013
• Published 03/13/2013

Judges

• THOMPSON

Court

• United States First Circuit

Counsel