n7 The court further articulated its contradictory reasoning in open
court when granting nonsuit. When Aspen's counsel asked if the court was finding, as a
matter of law, that a sale had been conducted under section 9504 [9-610 in Revised Article
9], the court responded, "No. I am saying [Aspen] did not follow the necessary
procedures of notice and notice of sale to allow them to proceed by way of a deficiency
judgment." When Aspen's counsel then suggested that the court had to find a sale in
order to conclude that notice was required to be given, the court replied, "No,
counsel. There [are] ways to proceed. There [are] ways to retain the goods without
conducting a sale, or there is conducting a sale. It's my understanding there hasn't been
a sale conducted, so there has been no notice of giving a sale. And that by electing to
proceed in the retention remedy area, that they have charted a course that prohibits them
from obtaining a deficiency judgment."