While there are lots of fairly easy to find and surprisingly easy to understand legal websites out there, reading through a few quick FAQs about repossession law is often all that most people need to get a general idea. Whenever you are in a situation it is important to get legal advice on repossession law as it does vary from state to state. In addition the specific repossession law that applies in your situation will vary depending on the type of item that is being repossessed as well as the terms of your agreement with the lender.
The following are general information questions about repossession law issues that apply throughout the United States:
1. If something is repossessed, do I still owe any money or is my debt cleared?
Repossession does not clear your debt and in most cases it can actually add to the amount of money that you owe the lender. The lender must credit you for market value of the item, however that will be the used price, not what you purchased it for. In addition you will have to pay legal fees, repossession charges and even the legal fees the lender incurred in the repossession paperwork.
2. I have made almost all the payments on my car and I heard that it is no longer possible for the dealership to repossess the vehicle. Is that right?
Unfortunately that is not correct. The lender has the right under the financing agreement that you signed and the repossession law to take back the car any time the note is in default up and until the final car payment. The lender actually holds the title to the car until that final payment is made, technically making it his or her property.
3. Can a repo agent take my car from my place of work?
Yes, they can. Often repossessing a vehicle at your place of work is a typical repossession company strategy. It prevents issues with going on your private property and it also tends to be less confrontational and less likely to result in someone calling the police.
4. If the property the repossession agent wants is in my house, can they come in without my permission?
No, the repossession agents cannot do anything illegal such as entering your house or residence using force or against your consent or permission. They cannot breach the peace or break any laws in the completion of the repossession or you may be able to take them to court for damages.
5. Do lenders really work with consumers to try to resolve non-payment issues?
Generally most lenders would rather work with people than go on to repossession. If you know you can't make a scheduled payment call the lender, explain the reason and have a plan to present on how you can repay the defaulted payment and get back on track. Talking to the lender as soon as possible and up front of defaulting typically results in a better solution for both the lender and the consumer.
There are several different considerations when it comes to understanding mobile home repossession. The first consideration is whether the loan used to obtain the mobile home was a personal loan or an actual home mortgage. Generally if the buyer of the mobile home owns the property the mobile home is on it will be a mortgage, however if the mobile home is on a rented lot such as a mobile home park then the loan for the home is a personal property loan. With both types of loan options, the mobile home repossession will follow the same basic steps once the loan payments go into default. Prior to that final step, a mortgage loan will require pre foreclosure and foreclosure whereas a personal property loan can result in a mobile home repossession just like any type of vehicle or property repossession.
The basic facts on mobile home repossession will be standard in most states, but be sure to check the specifics in your area with an attorney. The following points are general information on mobile homes and repossession:
• Once the mobile home is repossessed the lender can sell the home at a public auction. As the loan holder you will be required to make up the difference between the loan amount and the sale price on the mobile home. You will also be charged all repossession fees and legal fees incurred by the lender to complete the repossession process.
• If the lender has the mobile home cleaned, repaired or hires an auction service to sell the mobile home you will be responsible for the cost of all these services as part of the deficiency payment.
• Mobile home repossession can sometimes be prevented through filing for bankruptcy. In some cases you may be able to retain your home and pay a much smaller monthly payment over a longer period of time with this option.
• In cases where the mobile home is sold through a repossession sale and the deficiency payment is ordered, non compliance of this order can result in the lender being able to garnish your wages; up to 25% of your total pay. This will apply to anyone that had their name on the title, regardless if they were living in the home at the time of the repossession.
• Typically with mobile home repossession on a rented lot the landlord of the trailer park will want to have the mobile home removed off the lot as it is not making the park any money since the lot fee is not being paid. Usually when this happens the people on the title will be responsible for any moving fees through the lender, who will arrange for this to happen.
Selling is an option to prevent mobile home repossession, however keep in mind that these homes tend to have a very low resale value and will typically result in a high deficiency payment, but this will still be a better option than repossession for your credit record.
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