Ohio Code § 1309.626
Ohio Code § 1309.626. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.
§ 1309.626.
In an action arising from a transaction in which the amount of a deficiency or surplus
is in issue, the following rules apply: (A) A secured party is not required to prove compliance with sections 1309.601 to 1309.628 of the Revised Code relating to collection, enforcement, disposition, or acceptance unless the debtor
or a secondary obligor places the secured party's compliance in issue. (B) If the secured party's compliance is placed in issue, the secured party has the burden
of establishing that the collection, enforcement, disposition, or acceptance was conducted
in accordance with sections 1309.601 to 1309.628 of the Revised Code . (C) Except as provided in section 1309.628 of the Revised Code , if a secured party fails to prove that the collection, enforcement, disposition,
or acceptance was conducted in accordance with sections 1309.601 to 1309.628 of the Revised Code relating to collection, enforcement, disposition, or acceptance, the liability of
a debtor or a secondary obligor for a deficiency is limited to an amount by which
the sum of the secured obligation, expenses, and attorney's fees exceeds the greater
of: (1) The proceeds of the collection, enforcement, disposition, or acceptance; or (2) The amount of proceeds that would have been realized had the noncomplying secured
party proceeded in accordance with sections 1309.601 to 1309.628 of the Revised Code relating to collection, enforcement, disposition, or acceptance. (D) For purposes of division (C)(2) of this section, the amount of proceeds that would
have been realized is equal to the sum of the secured obligation, expenses, and attorney's
fees unless the secured party proves that the amount is less than that sum. (E) If a deficiency or surplus is calculated under division (F) of section 1309.615 of the Revised Code , the debtor or obligor has the burden of establishing that the amount of proceeds
of the disposition is significantly below the range of prices that a complying disposition
to a person other than the secured party, a person related to the secured party, or
a secondary obligor would have brought.
Source: official Ohio text · Last verified 2026-08-27
At a glance
- Citation: Ohio Revised Code § 1309.626
- Jurisdiction: Ohio
- Code: Ohio Revised Code
- Text: transcribed from the official source (verify below)
Verify the text
Statute text is transcribed from the official Ohio Revised Code. Confirm it against the primary source before relying on it:
Not legal advice. Verify against the official source and consult a licensed Ohio attorney.
Common questions
What is the source of Ohio Revised Code § 1309.626?
The text above is transcribed from the Ohio Revised Code, the codified statutes of Ohio. The official publisher link appears under "Verify the text" on this page.
What subject does Ohio Revised Code § 1309.626 address?
It addresses the rule set out in the section text. Read the section together with the surrounding provisions listed under "Nearby provisions" for the full picture.
Is Ohio Revised Code § 1309.626 still in force?
Statutes are amended, repealed, and renumbered every session. Confirm the current version at the official Ohio source before relying on this text.
Can this page be used as legal advice?
No. This is a reference transcription for research. Applying Ohio law to your facts requires a licensed Ohio attorney who can review the specifics.