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Action in which deficiency or surplus is in issue - 13 Pa. Cons. Stat. § 9626

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     § 9626.  Action in which deficiency or surplus is in issue.
        (a)  Applicable rules if amount of deficiency or surplus in
     issue.--In an action arising from a transaction, other than a
     consumer transaction, in which the amount of a deficiency or
     surplus is in issue, the following rules apply:
            (1)  A secured party need not prove compliance with the
        provisions of this chapter relating to collection,
        enforcement, disposition or acceptance unless the debtor or a
        secondary obligor places the secured party's compliance in
        issue.
            (2)  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 this chapter.
            (3)  Except as otherwise provided in section 9628
        (relating to nonliability and limitation on liability of
        secured party; liability of secondary obligor), if a secured
        party fails to prove that the collection, enforcement,
        disposition or acceptance was conducted in accordance with
        the provisions of this chapter 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 fees exceeds the greater of:
                (i)  the proceeds of the collection, enforcement,
            disposition or acceptance; or
                (ii)  the amount of proceeds which would have been
            realized had the noncomplying secured party proceeded in
            accordance with the provisions of this chapter relating
            to collection, enforcement, disposition or acceptance.
            (4)  For purposes of paragraph (3)(ii), the amount of
        proceeds which would have been realized is equal to the sum
        of the secured obligation, expenses and attorney fees unless
        the secured party proves that the amount is less than that
        sum.
            (5)  If a deficiency or surplus is calculated under
        section 9615(f) (relating to calculation of surplus or
        deficiency in disposition to person related to secured
        party), the debtor or obligor has the burden of establishing
        that the amount of proceeds of the disposition is
        significantly below the range of prices which 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.
        (b)  Nonconsumer transactions; no inference.--The limitation
     of the rules in subsection (a) to transactions other than
     consumer transactions is intended to leave to the court the
     determination of the proper rules in consumer transactions. The
     court may not infer from that limitation the nature of the
     proper rule in consumer transactions and may continue to apply
     established approaches.

        Cross References.  Section 9626 is referred to in sections
     9602, 9625 of this title.

Last modified: November 27, 2007