30-9-504. Repealed. Sec. 168, Ch. 305, L. 1999.
Montana Code Annotated
Mont. Code Ann. § 30-9-504 (2026)
Repealed
✓ current as of May 2026
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TITLE 30. TRADE AND COMMERCE
CHAPTER 9. UNIFORM COMMERCIAL CODE SECURED TRANSACTIONS (Renumbered and Repealed)
Part 5. Filing (Renumbered and Repealed)
Repealed
History: En. Sec. 9-504, Ch. 264, L. 1963; R.C.M. 1947, 87A-9-504; amd. Sec. 83, Ch. 402, L. 1983; amd. Sec. 1, Ch. 3, L. 1987.
Notes of Decisions
Cited in 25
cases, 1979–2019 · leading case: First Bank v. Dist. Court for the Fourth Jud. Dist., 737 P.2d 1132 (Mont. 1987).
First Bank v. Dist. Court for the Fourth Jud. Dist., 737 P.2d 1132 (Mont. 1987). “The Stotts also alleged that the collateral was sold without commercially reasonable preparation and that the bank violated the requirements set out in Section 30-9-504, MCA (concerning the secured party’s right to dispose of collateral after default.”
Wippert v. Blackfeet Tribe of Blackfeet Indian Reservation, 859 P.2d 420 (Mont. 1993). “t the sale of the Wipperts' cattle was commercially reasonable, under § 30-9-507(2), MCA, because the reasonableness of a sale depends on the manner in which the sale is conducted, not the price received; that the steps taken by the Tribe to notify the Wipperts of the sale…”
Ottersen v. Rubick, 803 P.2d 1066 (Mont. 1990). “In an Ohio State Law Journal article, the author stated: [T]he purpose of commercial reasonableness is to set standards of propriety at the time of disposition of the collateral.”
Wippert v. Blackfeet Tribe of the Blackfeet Indian Reservation, 695 P.2d 461 (Mont. 1985). “Although the UCC is silent regarding what constitutes reasonable notice, the official comment to section 30-9-504 provides some guidance: “[A]t a minimum [notice] must be sent in such time that persons entitled to receive it will have sufficient time to take appropriate steps to…”
Dulan v. Montana Nat. Bank of Roundup, 661 P.2d 28 (Mont. 1983). “Section 30-9-504, MCA. The escrow arrangment was a convenient means to have *183 payments from Wolfe, for the corporation, credited against appellant’s original indebtedness to the respondent.”
Westmont Tractor Co. v. Cont'l I, Inc., 731 P.2d 327 (Mont. 1986). ““V “Plaintiff did not give Defendant White reasonable notice of the time and place of any public sale or reasonable notice of the time after which any private sale or other intended disposition [of] collateral was to be made as required by Section 30-9-504(3), MCA. “VI…”
Lilly v. Terwilliger, 796 P.2d 199 (Mont. 1990). ““The sale of said inventory, fixtures, and equipment is contemplated by the undersigned pursuant to Section 30-9-504 MCA. James Krinner [sic] has offered to purchase said property for the sum of $60,000.”
Farmers State Bank v. Mobile Homes Unlimited, 593 P.2d 734 (Mont. 1979). “1947, now section 30-9-504(3) MCA, a secured party’s right to dispose of collateral after default is subject to the requirement that “every aspect of the disposition including the method, manner, time, place and terms must be commercially reasonable, that is the net effect of…”
Denton v. First Interstate Bank of Com., 2006 MT 193 (Mont. 2006). “¶48 Section 30-9-504, MCA (1995), addressed a secured party’s right to dispose of collateral after default and the effect of disposition.”
Bank of Sheridan v. Devers, 702 P.2d 1388 (Mont. 1985). “Pursuant to section 30-9-504(3), MCA, a secured creditor is entitled to sell collateral after a default, so long as “every aspect of the disposition including the method, manner, time, place, and terms” are commercially reasonable.”
Blaine Bank of Montana v. Haugen, 858 P.2d 14 (Mont. 1993). “On remand, the Haugens again moved the District Court to preclude deficiency judgment, arguing that the sale of the vehicles and equipment violated § 25-13-704(2), MCA, and was not commercially reasonable under § 30-9-504(3), MCA. They also asserted that the deficiency judgment…”
Owen v. Ostrum, 855 P.2d 1015 (Mont. 1993). “This Court has limited or barred recovery of a deficiency judgment in cases where the secured party did not meet the notice requirement of § 30-9-504(3), MCA. See Ottersen v. Rubick (1990), 246 Mont.”
— Mont. Code Ann. § 30-9-504(1) — 3 cases
First Bank v. Dist. Court for the Fourth Jud. Dist., 737 P.2d 1132 (Mont. 1987). “The Stotts also alleged that the collateral was sold without commercially reasonable preparation and that the bank violated the requirements set out in Section 30-9-504, MCA (concerning the secured party’s right to dispose of collateral after default.”
AVCO Fin. Servs. of Billings One, Inc. v. Christiaens, 652 P.2d 220 (Mont. 1982).
Gay v. Cabinet Publ'g, Inc., 779 P.2d 77 (Mont. 1989).
— Mont. Code Ann. § 30-9-504(3) — 14 cases
Wippert v. Blackfeet Tribe of Blackfeet Indian Reservation, 859 P.2d 420 (Mont. 1993). “t the sale of the Wipperts' cattle was commercially reasonable, under § 30-9-507(2), MCA, because the reasonableness of a sale depends on the manner in which the sale is conducted, not the price received; that the steps taken by the Tribe to notify the Wipperts of the sale…”
Ottersen v. Rubick, 803 P.2d 1066 (Mont. 1990). “In an Ohio State Law Journal article, the author stated: [T]he purpose of commercial reasonableness is to set standards of propriety at the time of disposition of the collateral.”
Wippert v. Blackfeet Tribe of the Blackfeet Indian Reservation, 695 P.2d 461 (Mont. 1985). “Although the UCC is silent regarding what constitutes reasonable notice, the official comment to section 30-9-504 provides some guidance: “[A]t a minimum [notice] must be sent in such time that persons entitled to receive it will have sufficient time to take appropriate steps to…”
Dulan v. Montana Nat. Bank of Roundup, 661 P.2d 28 (Mont. 1983). “Section 30-9-504, MCA. The escrow arrangment was a convenient means to have *183 payments from Wolfe, for the corporation, credited against appellant’s original indebtedness to the respondent.”
Westmont Tractor Co. v. Cont'l I, Inc., 731 P.2d 327 (Mont. 1986). ““V “Plaintiff did not give Defendant White reasonable notice of the time and place of any public sale or reasonable notice of the time after which any private sale or other intended disposition [of] collateral was to be made as required by Section 30-9-504(3), MCA. “VI…”
— Mont. Code Ann. § 30-9-504(3)(a) — 7 cases
Ottersen v. Rubick, 803 P.2d 1066 (Mont. 1990). “In an Ohio State Law Journal article, the author stated: [T]he purpose of commercial reasonableness is to set standards of propriety at the time of disposition of the collateral.”
Owen v. Ostrum, 855 P.2d 1015 (Mont. 1993). “This Court has limited or barred recovery of a deficiency judgment in cases where the secured party did not meet the notice requirement of § 30-9-504(3), MCA. See Ottersen v. Rubick (1990), 246 Mont.”
Lilly v. Terwilliger, 796 P.2d 199 (Mont. 1990). ““The sale of said inventory, fixtures, and equipment is contemplated by the undersigned pursuant to Section 30-9-504 MCA. James Krinner [sic] has offered to purchase said property for the sum of $60,000.”
Auto Credit, Inc. v. Long, 1998 MT 327 (Mont. 1998).
Love v. United States, 844 F. Supp. 616 (D. Mont. 1994).
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