Kagan v. Ford Motor Credit Co.
Kagan v. Ford Motor Credit Co.
Opinion of the Court
This controversy poses the question whether an “extension agreement” which defers payments due under an automobile retail instalment sale contract invokes the statutory scheme regulating motor vehicle instalment sales in effect at the time of the extension agreement, or whether the rights of the parties continue to be governed by the statutory provisions in effect at the time when the parties first entered into the underlying instalment sale contract.
The original plaintiff, Schifano, bought a new Ford Thunderbird on September 24, 1973, made a down payment of $1,000 and financed the balance ($5,600) through
Retail motor vehicle instalment sales are governed by G. L. c. 255B. When Schifano bought his car, G. L. c. 255B, § 20A, as amended through St. 1969, c. 517, § 15, and § 20B, inserted by St. 1966, c. 284, § 3, laid down the rules for repossession after default, notices to buyers, disposition of proceeds of sale of the secured property, and the buyer/debtor’s right of redemption. The provisions of that statutory scheme material to this case are that, under § 20A, a creditor in the position of Ford, i.e., holder of an in-stalment sale contract, could repossess a car on default without prior notice, but was obliged, within five days of repossession, to notify the buyer/debtor (1) that his car had been
Ford complied with neither the postrepossession notice requirement of § 20A nor the fifteen-day-retention requirement of § 20B, and it is on this failure that Schifano bases his complaint for recovery against Ford under the provisions of G. L. c. 255B, § 20A, subsection E.
Instead of following the strictures of G. L. c. 255B, §§ 20A and 20B, as in effect on the date of the instalment sale contract, Ford followed the procedure spelled out in §§ 20A and 20B, as amended by St. 1973, c. 629, §§ 2 and 3. The 1973 act substantially revised §§ 20A and 20B, and among the most significant changes was a requirement of notice to the buyer/debtor before proceeding against the collateral. Ford adhered to that new procedure scrupulously, but the path chosen was the wrong one.
It is settled that provisions of G. L. c. 255B, consistent with the rule that statutes generally operate prospectively, are not applicable to conditional sale contracts made prior to the date when a change in the law becomes effective. Yates v. General Motors Acceptance Corp., 356 Mass. 529, 531 (1969). That decision observed that “Section 20A is not procedural but affects substantive rights. The statute would impose an obligation on the defendant and confer a right on
Ford urges that the agreement deferring one of Schifano’s instalments should be treated as a consumer credit transaction, since deferral of a scheduled payment is regulated by the statutory scheme, G. L. c. 255B, § 17, as amended by St. 1969, c. 517, § 13, and may involve, as it did in this case, payment of a deferment charge by the debtor. Transactions regulated by c. 255B are, however, subject to the provisions of G. L. c. 140C (the Truth-in-Lending Act),
Since the deferral of a scheduled payment due from Schifa-no did not rise to the dignity of a consumer credit transaction, Ford was bound to follow the notice and repossession procedure in effect when the original contract was entered into.
Judgment affirmed.
On February 28, 1975, Ford assented to a request from Schifano that the payment date be changed from the twenty-fourth to the ninth day of each month, so that the final due date became November 9, 1976. There is no suggestion by either party that anything turns on this change.
Section 20A, subsection E, provided: “Repossession without complying with the requirements of subsection B shall subject the holder to a penalty to the buyer of an amount equal to fifty percent of the fair market value of the collateral at time of repossession and in addition the buyer may sue the holder for conversion of the collateral.”
See G. L. c. 255B, § 25.
General Laws c. 140C, § 11, authorizes adoption of regulations by the Commissioner of Banks to carry out the provisions of the Truth-in-Lending Act and refers him to the Federal Consumer Protection Act, 15 U.S.C. § 1601 et seq. (1976), and Regulation Z issued by the board of governors of the Federal Reserve system.
Regulation Z, § 226.8, 12 C.F.R. 226.8 (1979), appears to be the source of the text of G. L. c. 140C, § 7.
5 Cons. Cred. Guide (CCH) par. 31,862 (1979).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.