Sunday, May 2, 2010

What kind of notice do bank have to give for repo and can they move anything on you land to get to it?

In many states, your creditor can seize your vehicle as soon as you default on your loan or lease. Your contract should state what constitutes a default, but failure to make a payment on time is a typical example.

Once you are in default, the laws of most states permit the creditor to repossess your car at any time, without notice, and to come onto your property to do so. But when seizing the vehicle, your creditor may not commit a “breach of the peace.” In some states, that means using physical force, threats of force, or even removing your car from a closed garage or fenced in private property without your permission.

Should there be a breach of the peace in seizing your car, your creditor may be required to pay a penalty or to compensate you if any harm is done to you or your property. A breach of peace also may give you a legal defense if your creditor sues you to collect a “deficiency judgment” â€" that is, the difference between what you owe on the contract (plus repossession and sale expenses) and what your creditor gets from the resale of your vehicle.

Regardless of the method used to dispose of a repossessed car, a creditor may not keep or sell any personal property found inside. In some states, your creditor must tell you what personal items were found in your car and how you can retrieve them. Your creditor also may be required to use reasonable care to prevent anyone else from removing your property from the car. If your creditor can’t account for articles left in your vehicle, you may want to speak to an attorney about your right to compensation

Hope this answer is of help to you

LEGAL DISCLAIMER: The answer provided here is intended for informational purposes only. It is not intended nor presumed to be legal counsel or professional legal advice


just pay them for the thing instead of trying to steal it...now you're a thief with bad credit...

After you've been notified that you're in default of your repayment agreement, they're free to repossess the collateral. And yes, they can move whatever they need to get to it.

Rather than trying to figure out how to outsmart the repo man, why don't you work out something with the bank so that they don't have to sieze the property?

They do not have to give you any notice once they have permission to do so. If you have something in their way, God help you.

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