The opinion
I concur in the result because Underwood failed to counterclaim for and establish an entitlement to damages resulting from a lack of notice or from any unreasonableness of the sale of the automobile. Had she done so, she might have been entitled to a set-off against the total deficiency.
The bank, in my opinion, failed to comply with Ala. Code 1975, § 7-9-504(3), which requires that reasonable notification "be sent by the secured party to the debtor." (Emphasis added.)
Ala. Code 1975, § 7-1-201 (38), defines "send": "to deposit in the mail . . . with postage or cost of transmission provided for and properly addressed." It is undisputed that the bank did not properly address the notice to Underwood.