context: As a transaction for the sale of goods, CFCU correctly contends the SCUCC applied to the sale of the vehicle. However, in my view, CFCU's cause of action does not arise from a breach of the sales contract under the SCUCC; rather, it is a debt collection action on the security interest, not arising under the SCUCC.
citation_a.signal: see
citation_a.identifier: 468 N.E.2d 941, 944
citation_a.parenthetical: finding an action based on the note secured by a vehicle was not governed by Article 2 where the financer was not the seller of the vehicle
citation_a.sentence: See BancOhio Nat’l Bank v. Freeland, 13 Ohio App.3d 245, 468 N.E.2d 941, 944 (1984) (finding an action based on the note secured by a vehicle was not governed by Article 2 where the financer was not the seller of the vehicle); see also Gray v. Suttell & Assocs., 123 F.Supp.3d 1283, 1289-90 (E.D. Wash. 2015) (distinguishing between a hybrid agreement, which constituted both a contract for sale and a secured transaction and was subject to Article 2, and a financing agreement separate from the sale of goods, which was not subject to Article 2); S.C. Code Ann. § 36-1-201(35) (Supp. 2015) (“ ‘Security interest’ means an interest in personal property or fixtures, which secures payment or performance of an obligation.”).
citation_b.signal: see also
citation_b.identifier: 123 F.Supp.3d 1283, 1289-90
citation_b.parenthetical: distinguishing between a hybrid agreement, which constituted both a contract for sale and a secured transaction and was subject to Article 2, and a financing agreement separate from the sale of goods, which was not subject to Article 2
citation_b.sentence: See BancOhio Nat’l Bank v. Freeland, 13 Ohio App.3d 245, 468 N.E.2d 941, 944 (1984) (finding an action based on the note secured by a vehicle was not governed by Article 2 where the financer was not the seller of the vehicle); see also Gray v. Suttell & Assocs., 123 F.Supp.3d 1283, 1289-90 (E.D. Wash. 2015) (distinguishing between a hybrid agreement, which constituted both a contract for sale and a secured transaction and was subject to Article 2, and a financing agreement separate from the sale of goods, which was not subject to Article 2); S.C. Code Ann. § 36-1-201(35) (Supp. 2015) (“ ‘Security interest’ means an interest in personal property or fixtures, which secures payment or performance of an obligation.”).