<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".02" citation="COMAR 09.03.04.02" title_num="09" subtitle_num="03" chapter_num="04" heading="Application of Proceeds of Resale by Holder of Repossessed Goods.">
  <paragraph num="A.">
    <text>In all cases of private sale of repossessed goods, a full accounting shall be made to the buyer in writing. The seller shall retain a copy of this accounting for at least 24 months.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The accounting shall contain the following information:</text>
    <paragraph num="(1)">
      <text>The unpaid balance at the time the goods were repossessed;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The refund credit of unearned finance charges and insurance premiums, if any;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The remaining net balance;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The proceeds of the sale of the goods;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The remaining deficiency balance, if any, or the amount due the buyer;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>All expenses incurred as a result of the sale;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>The purchaser's name, address, and business;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>The number of bids sought and received; and</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Any statement as to the condition of the goods at the time of repossession which would cause their value to be increased or decreased above or below the market value for goods of like kind and quality.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Upon compliance with Commercial Law Article, §12-631, Annotated Code of Maryland, if the Commissioner finds that any sale of repossessed goods was not a bona fide sale, the Commissioner may require the seller to show cause why a determination should not be made that he has not complied with Commercial Law Article, §12-626, Annotated Code of Maryland. If the seller contends that the sale was a bona fide sale in compliance with the statute, he shall have an opportunity to be heard pursuant to the Rules of Procedure of the Commissioner of Financial Regulation. Upon a determination after hearing that the sale was not bona fide, an order disallowing any claim of deficiency liability may be entered.</text>
  </paragraph>
  <paragraph num="D.">
    <text>The Commissioner from time to time may issue reasonable regulations to determine whether the public or private sale is bona fide.</text>
  </paragraph>
</regulation>