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Tackling Repossessions A repossession on your credit report happens when you finance a vehicle and
weren’t able to continue to make the required payments on it. A repossession will
be listed whether they lender came and got the vehicle against your knowledge, or if
you voluntarily surrendered the vehicle. Both are scored the same in the FICO
Scoring model, you surrendering the vehicle just means you saved the lender money
in repossession fees.
The lender will then sell the vehicle at auction and subtract the proceeds from your
loan amount. Whatever is left over will be placed on your credit report as ‘Balance
Due’ and is called the deficiency balance. You still owe this debt even though the
lender has the vehicle. Sucks, right?
I’ve actually had the most success with repossessions by settling the deficiency
balance. They are more apt to settle and update reports when they have just sold it
or when they are about to sue you for a judgement. You’ll get a letter in the mail
with an offer, take it if you can, or negotiate it down and include that you would like
the account deleted or updated to “Paid as Agreed” with late payments removed and
repossession notations removed.
Methods of Attack
Similar to foreclosures, repossessions are held to varying state & federal laws,
which means you can catch errors in both the credit reporting and violations of state
and federal law.
Like with anything reporting on your credit report, you check for factual errors first.
This means that you will need to gather your personal information to ensure that it
matches up to what is being reported.
Check the loan contract to see what the lender’s repossession policy is and see if
they followed these procedures to a “T”.
Did the company that repossessed the vehicle have a license to do so?
Follow that up by researching your specific state laws on repossession to see if that
was followed to the letter as well.
One thing that I catch creditors up on is how the car was repossessed, this
varies per state, but ultimately they cannot ‘breaching the peace’. Another
area I challenge repossessions on is if they sold the car at fair market value.
You want to ensure that the method of selling the car met your state laws
and they got a price that matches the vehicle’s current value.
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o Afterwards, check to see if the deficiency balance is accurate AND if
it’s accurately reporting on your credit reports.
In my state, the borrower must be notified when the vehicle is to be sold,
after the sale and what it sold for, and the balance left over that the borrower
is responsible for (deficiency balance).
Did you have any valuables in the car when it was towed? You are entitled to
get that back. They have rights to your car, not your personal property. I
have had clients sue the lender for DJ equipment, jewelry, speakers, GPS
systems, etc. that were never returned when the vehicle was repossessed.
I find a lot of errors with dates when dealing with repossessions and foreclosures.
Check them carefully. The dates on legal forms should be accurate, letters, your
credit reports, etc. You want to ensure the events occurred on the date specified.
Dispute Process
Your first dispute should be with the credit bureaus, you can either dispute an
error: This account is reporting as a repossession versus a voluntary repossession, this is inaccurate. Correct (if a lot of positive history reporting)/delete this account immediately. OR you can send a ‘General Dispute’: Please verify and validate all data for this account, every notation, dates and balances, whether reported or not.
If it comes back as verified, you’d follow the instructions above and begin digging for
violations of state laws and actions that are in direct conflict with the lender’s own
repossession policy.
You can also follow some of the other tactics discussed in the Responding to
Responses/Strategies section of the course. After all, adverse reporting falls on both
the creditor/collection agency AND the credit bureaus.
Also, remember your statute of limitations! I had someone take a workshop with
me and ignored this warning. Her deficiency judgment was $14,000, it was within
her state’s statute of limitations, there were no errors reporting and she disputed
with both the credit bureaus and the lender. They had not been trying to collect
from her in over a year and guess what happened once she started disputing?
They realized they had all of the paperwork they needed to file a deficiency
judgment and sued her. Some debts are better left alone.
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Should I pay the deficiency balance?
Nothing wrong with doing so if it’s newer, well within your statute of limitations,
the mortgage lender is requiring it and doing so will not create a financial hardship.
Don’t go broke paying a closed debt. I would not pay in full, I would settle.
Need Help? I’m just a phone call away .
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Dispute Letter Sample
This letter should be used AFTER 2 years from the date of the repo sale, providing
there has been no filed claim for a judgment. It should not be used if you have been
sued, or if the repossession is less than 2 years ago.
Send a copy to EACH of the parties (collection agency and original creditor) Certified Return Receipt
Request.
Your Name
Address
Collections Name
Address
Date
Name of Original Creditor
Address of OC
Name of Original Seller (car dealer)
Address of OS
Re: Acct # XXXX-XXXX-XXXX-XXXX (collection agency)
Re: Acct # XXXX-XXXX-XXXX-XXXX (original creditor)
Make of car:
Model:
VIN#
To Whom It May Concern:
I am writing in regard to the above referenced accounts and transactions.
This vehicle was repossessed by <Original Creditor> in the State of <Your State> on
or about, xx/xx/xxxx, and resold on or about xx/xx/xxxx.
Under the laws of the State of <State where car was repossessed> UCC § <Your
stat’s UCC code, you will need to look this up> and State RISA and MVISA statutes
a deficiency cannot be claimed unless all of the required notices were properly and
timely given, and all of the allowable redemption and cure time limits were adhered
to.
Please provide copies of the legal notices and proof of the commercially reasonable
manner of the resale of the subject vehicle.
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If no such proof is provided within 14 days from receipt of this notice, the alleged
claim of a deficiency will be considered null and void, and any continued collection
activities, or continued reporting of this invalid claim on my credit reports will be
considered a violation of the FDCPA and FCRA.
In addition, if you singularly or severally fail to comply with the above requests, I
reserve the right to seek damages against all parties, under all available State and
Federal statutes and UCC § 9 remedies.
Sincerely,
XXXX
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Automobile Repossession Laws by State
http://www.repo-laws.com/repossession-codes/ or visit your state’s Attorney General’s Office
ALABAMA
Collateral Recovery Upon Default
Peaceful repossession allowable.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner. Any time before the disposition of the
collateral, a debtor may have a right to redeem the collateral through providing full
payment of the monies owed and all reasonable expenses incurred by the creditor. The
disposition of the collateral may be conducted by public/private sale.
Deficiency Requirements
Collectible after public/private sale. Reasonable notice of the time and place of the sale
is generally required to be given to other secured creditors and the debtor. A creditor
must account to the debtor any surplus, and unless otherwise agreed, the debtor may
be liable for any deficiency.
State Code
§ 7-9A-609-617
ALASKA
Collateral Recovery Upon Default
Peaceful repossession allowable.
Redemption of Collateral
Within 10 days after retaking. If customer had paid 50% of purchase price or $500.00, a
public sale is required. If less than 50% or $500.00, private sale is permitted.
Deficiency Requirements
The disposition of the collateral may be conducted by public or private sale. Reasonable
notice of the time and place of the sale is generally required to be given to other
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secured creditors and the debtor. (Section 49.9.504(c).) A creditor must account to the
debtor any surplus, and unless otherwise agreed, the debtor may be liable for any
deficiency.
State Code
Title 49, Chapter 9
ARKANSAS
Collateral Recovery Upon Default
Peaceful repossession allowable.
Redemption of Collateral
Debtor can redeem ten days after retaking or after judgment in replevin. The debtor has
a right to redeem the collateral by tendering full payment of the obligation owed and all
reasonable expenses incurred by the creditor.
Deficiency Requirements
The disposition of the collateral may be conducted by public/private sale. Reasonable
notice of the time and place of the sale is generally required to be given to other
secured creditors and the debtor. A creditor must account to the debtor any surplus, and
unless otherwise agreed, the debtor may be liable for any deficiency.
State Code
§ 4-9-504
ARIZONA
Collateral Recovery Upon Default
Peaceful repossession allowable.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Unless the
collateral is perishable or threatens to decline speedily in value or is of a type
customarily sold on a recognized market, reasonable notification of the time and place
of any public sale or reasonable notification of the time after which any private sale or
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other intended disposition is to be made shall be sent by the secured party to the
debtor, if he has not signed after default a statement renouncing or modifying his right to
notification of sale. Any time before the disposition of the collateral, a debtor may have a
right to redeem the collateral by tendering full payment of the obligation owed and all
reasonable expenses incurred by the creditor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
ARS Title 47
CALIFORNIA
Collateral Recovery Upon Default
Peaceful repossession allowable.
Redemption of Collateral
California's Unruh Act regulates the format and content of "retail installment contracts"
and "retail installment accounts". In the event of a default by buyer, the seller (or
assignee) may file suit for the amount owed, or repossess the collateral. If the collateral
is repossessed, notices are required under California Civil Code Section 1812.2, and
the buyer has a 10 day redemption period.
Deficiency Requirements
If election is made to repossess, no deficiency is permitted.
State Code
CA Civil Code 2983.2
COLORADO
Collateral Recovery Upon Default
Peaceful repossession allowable.
Redemption of Collateral
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After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner. (C.R.S. 4-9-504) Any time before the
disposition of the collateral, a debtor may have a right to redeem the collateral by
tendering full payment of the obligation owed and all reasonable expenses incurred by
the creditor. (C.R.S. 4-9-506) The disposition of the collateral may be conducted by
public or private sale. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor. (C.R.S. 4-9-504(3))
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency. (C.R.S.4-9-502(2)) However, in a consumer
credit sale of goods or services transaction, the debtor may not be responsible for any
deficiency amount if the creditor repossess the collateral or voluntarily accepts
surrender of goods which were the subject of the sale and in which he has a secured
interest, and the cash sale price of the goods is $2,100.00 or less. (C.R.S.5-5-103)
State Code
C.R.S. 4-9-101
CONNECTICUT
Collateral Recovery Upon Default
Peaceful repossession allowable - Police notification required immediately after
repossession.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. (Section 42a-
9-504) Reasonable notice of the time and place of the sale is generally required to be
given to other secured creditors and the debtor. Any time before the disposition of the
collateral, a debtor may have a right to redeem the collateral by tendering full payment
of the obligation owed and all reasonable expenses incurred by the creditor. (Section
42a-9-506)
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Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency. (Section 42a-9-502(2)
State Code
§42a-9-501, et seq.
DELAWARE
Collateral Recovery Upon Default
Peaceful repossession allowable.
Redemption of Collateral
After default, a secured party may sell, lease, license, or otherwise dispose of any or all
of the collateral in its present condition or following any commercially reasonable
preparation or processing. Debtor can redeem within 15 days after taking by payment of
total balance due plus repossession fees.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
DE Code Title 6
DISTRICT OF COLUMBIA
Collateral Recovery Upon Default
Peaceful repossession allowable.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. (D.C. 28:9-
504.) Any time before the disposition of the collateral, a debtor may have a right to
redeem the collateral by tendering full payment of the obligation owed and all
reasonable expenses incurred by the creditor. (D.C. 28:9-506) Reasonable notice of the
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time and place of the sale is generally required to be given to other secured creditors
and the debtor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
D.C. 28:9-502(2)
FLORIDA
Collateral Recovery Upon Default
Peaceful repossession allowable.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, public or private sale. Reasonable
notice of the time and place of the sale is generally required to be given to other
secured creditors and the debtor. Any time before the disposition of the collateral, a
debtor may have a right to redeem the collateral by tendering full payment of the
obligation owed and all reasonable expenses incurred by the creditor. (Section 679-506)
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
Section 679.501
GEORGIA
Collateral Recovery Upon Default
Peaceful repossession allowable.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, public or private sale, with reasonable
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notice of the time and place of the sale is generally required to be given to other
secured creditors and the debtor. Any time before the disposition of the collateral, a
debtor may have a right to redeem the collateral by tendering full payment of the
obligation owed and all reasonable expenses incurred by the creditor. Under Rule 120-
1-14-18 of the Administrative Rules and Regulations of the State of Georgia, in a
consumer transaction involving an amount of $3,000.00 or less, a creditor may not be
permitted to take possession of collateral without judicial process unless such
authorization is clearly, prominently, and conspicuously disclosed to the consumer
immediately above the place for his signature on the loan document or as an addition to
the "NOTICE TO CONSUMER" as defined in Rule 120-1-14-.08(3) of the Regulations
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
Section 11-9-503 et seq.
HAWAII
Collateral Recovery Upon Default
Peaceful repossession allowable.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, public or private sale. Any time before
the disposition of the collateral, a debtor may have a right to redeem the collateral by
tendering full payment of the obligation owed and all reasonable expenses incurred by
the creditor. Reasonable notice of the time and place of the sale is generally required to
be given to other secured creditors and the debtor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
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State Code
HRS 49:9-101 et seq.
IDAHO
Collateral Recovery Upon Default
Peaceful repossession allowable.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Reasonable
notice of the time and place of the sale is generally required to be given to other
secured creditors and the debtor. Any time before the disposition of the collateral, a
debtor may have a right to redeem the collateral by tendering full payment of the
obligation owed and all reasonable expenses incurred by the creditor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
Section 28-9-501, et seq.
ILLINOIS
Collateral Recovery Upon Default
Peaceful repossession allowable.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Reasonable
notice of the time and place of the sale is generally required to be given to other
secured creditors and the debtor. Any time before the disposition of the collateral, a
debtor may have a right to redeem the collateral by tendering full payment of the
obligation owed and all reasonable expenses incurred by the creditor.
Deficiency Requirements
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A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
810 ILCS 5/1-101, et seq.
INDIANA
Collateral Recovery Upon Default
Peaceful repossession allowable.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Reasonable
notice of the time and place of the sale is generally required to be given to other
secured creditors and the debtor. Any time before the disposition of the collateral, a
debtor may have a right to redeem the collateral by tendering full payment of the
obligation owed and all reasonable expenses incurred by the creditor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
Indiana Code 26-1-9.1 et. seq.
IOWA
Collateral Recovery Upon Default
Peaceful repossession allowable, however, in a consumer credit transaction, the Iowa
Consumer Credit Code Section 537.5110 requires that no attempt to enforce the
obligation may be made until 20 days after a written notice of right to cure default is
given to the consumer debtor. The notice of right to cure default must be in writing, and
must contain specific information as prescribed under Iowa Code Section 537.5111. A
notice in substantially the form set forth in this code section will comply with this notice
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requirement. If a creditor fails to give this notice prior to filing an action for money
judgment, its action will be dismissed without prejudice.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, in a public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency. A consumer generally may not be liable for a
deficiency if the secured creditor fails to dispose of the repossessed collateral in a
commercially reasonable manner.
State Code
537.5110
KANSAS
Collateral Recovery Upon Default
A creditor generally has a right to possession of its collateral upon the default of
payment by a consumer on a credit transaction involving a consumer loan or sale of
goods or services. The collateral may be taken either voluntarily, or involuntarily without
judicial process only if possession can be taken without entry into a dwelling and without
the use of force or other breach of the peace.
Redemption of Collateral
In a credit transaction payable in installments, the creditor must give a written Notice of
Consumer's Right to Cure. The Notice must contain specific information such as the
name address, and telephone number of the creditor, a brief description of the credit
transaction, the consumer's right to cure the default, the amount of payment and date by
which payment must be made to cure the default, and the consumer's possible liability
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for reasonable costs of collection, including, but not limited to court costs, attorney fees,
and collection agency fee. A sample form of this Notice is prescribed in K.S.A. 16a-5-
110(2). If the consumer fails to cure the default within twenty (20) after the Notice is
given, the creditor may then take appropriate action to recover the collateral or
damages.
Deficiency Requirements
If the cash value of the collateral repossessed is less than $1,000, a consumer
generally is not personally liable for any deficiency unless the consumer has wrongfully
damaged the collateral, or the consumer has wrongfully failed to make the collateral
available. If, however, the creditor elects to bring an action against the consumer, the
creditor generally would not be entitled to a deficiency judgment or to levy upon or take
possession of the collateral.
State Code
K.S.A. 16a
KENTUCKY
Collateral Recovery Upon Default
Peaceful repossession allowable.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Reasonable
notice of the time and place of the sale is generally required to be given to other
secured creditors and the debtor. Any time before the disposition of the collateral, a
debtor may have a right to redeem the collateral by tendering full payment of the
obligation owed and all reasonable expenses incurred by the creditor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
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K.R.S. Chapter 355
LOUISIANNA
Collateral Recovery Upon Default
The State of Louisiana has enacted its own Commercial Laws and incorporated, with
modifications, Articles 1, 3, 4, 5, 7, 8 and 9, of the Uniform Commercial Code. In case of
default in a secured transaction, Louisiana generally DOES NOT permit creditors to
recover collateral through "self-help" repossession.
Redemption of Collateral
Not permitted after sale of collateral.
Deficiency Requirements
Not permitted unless seized through the court pursuant to a chattel mortgage
foreclosure and sale. Confession notes are invalid.
State Code
R.S. 10:9-501 et. seq.
MAINE
Collateral Recovery Upon Default
In a secured consumer credit transaction, a creditor generally may not accelerate
maturity of the unpaid balance of the obligation or take possession of collateral after a
default until 14 days after a written notice of the consumer's right to cure is given. If the
consumer cured the default by tendering the amount of all unpaid sums due at the time
of tender, without acceleration, plus any delinquency or deferral charges, the
consumer's right under the agreement is restored. Subject to the notice requirement in a
consumer credit transaction, a creditor generally is entitled to recover possession of
collateral upon the default of a debtor on a secured transaction. In obtaining possession
of collateral, a creditor may do so without judicial process only if possession can be
taken without entry into a dwelling, unless such entry has been authorized after default,
and without the use of force or other breach of peace.
Redemption of Collateral
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Any time before the disposition of the collateral, a debtor may have a right to redeem
the collateral by tendering full payment of the obligation owed and all reasonable
expenses incurred by the creditor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor is generally liable for any deficiency. However, in a consumer credit transaction,
if the original amount financed is $2,000.00 or less, the creditor may not recover a
deficiency.
State Code
Maine UCC Code 9-614
MARYLAND
Collateral Recovery Upon Default
Peaceful repossession allowable.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Reasonable
notice of the time and place of the sale is generally required to be given to other
secured creditors and the debtor. Any time before the disposition of the collateral, a
debtor may have a right to redeem the collateral by tendering full payment of the
obligation owed and all reasonable expenses incurred by the creditor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
Comm. L. 9-101, et seq.
MASSACHUSETTS
Collateral Recovery Upon Default
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Right to cure law is in effect for all MA contracts. Vehicles cannot be repossessed from
property owned or rented by the debtor.
Redemption of Collateral
After the repossession of a vehicle the debtor must be sent a notice by certified mail,
return receipt requested, outlining the lienholder's redemption requirements; including
the lienholder's intent to sell collateral either at public auction or by private sale, if the
requirements are not fulfilled within 20 working days.
Deficiency Requirements
If less than two thousand dollars, none. At time of default, if more than two thousand
dollars, deficiency allowable.
State Code
Chapt 106, s. 9-101 et seq
MICHIGAN
Collateral Recovery Upon Default
Peaceful repossession allowable.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
MSA 19.9101, et seq.
MINNESOTA
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Collateral Recovery Upon Default
Peaceful repossession allowable.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
MN Code Sec. 336.9
MISSISSIPPI
Collateral Recovery Upon Default
Peaceful repossession allowable.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor generally may be liable for any deficiency.
State Code
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MS Code Sec. 75-9
MISSOURI
Collateral Recovery Upon Default
One time cure law in effect in MO; all others per contractual agreement
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
Section 400.9-101, et al
MONTANA
Collateral Recovery Upon Default
Peaceful repossession allowable; but retaking bars suit for price and vice-versa. Trip
permits required on units leaving the county where repossession takes place.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor.
Deficiency Requirements
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A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
MCA 30-9A
NEBRASKA
Collateral Recovery Upon Default
Peaceful repossession allowable.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor generally may be liable for any deficiency.
State Code
NE UCC Code 9-609
NEVADA
Collateral Recovery Upon Default
Peaceful repossession allowed.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
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incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
NRS Chapter 104
NEW HAMPSHIRE
Collateral Recovery Upon Default
Peaceful repossession allowable.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
382-A:9-101, et seq
NEW JERSEY
Collateral Recovery Upon Default
Peaceful repossession allowable; Suit for purchase price prohibits recovery and vice-
versa.
Redemption of Collateral
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After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
Sec. 12A:9-501 et seq
NEW MEXICO
Collateral Recovery Upon Default
If repossession discussed with debtor the secured party must give a ten day notice
otherwise peaceful repossession allowable
Redemption of Collateral
Any time before the disposition of the collateral, a debtor may have a right to redeem
the collateral by tendering full payment of the obligation owed and all reasonable
expenses incurred by the creditor.
Deficiency Requirements
Only if contract permits repossession, sale and deficiency
State Code
Article 9: 55-9-101 et, al.
NEW YORK
Collateral Recovery Upon Default
Peaceful repossession allowed.
Redemption of Collateral
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After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
Article 9 of UCC Laws
NORTH CAROLINA
Collateral Recovery Upon Default
Peaceful repossession allowable.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor.
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency. Any surplus must be paid to the person to
whom he is entitled if such person is know. If not, the surplus shall be paid to the clerk
of the superior court of the county where the sale or other disposition was held.
State Code
25-9-101, et seq.
NORTH DAKOTA
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Collateral Recovery Upon Default
Peaceful repossession allowable.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
41-09-47, et seq.
OHIO
Collateral Recovery Upon Default
When a debtor default on a secured obligation, the creditor generally has a right to take
possession of the collateral with judicial process, or without judicial process if the taking
can be done without breach of the peace.
Redemption of Collateral
A debtor may redeem the collateral by tendering full fulfillment of the secured obligation
plus all expenses reasonably incurred by the creditor prior to the sale of the collateral. If
the debtor fails to cure the default, the collateral may generally be disposed of in a
commercially reasonable manner in a public or private sale except for collaterals
involving a consumer transaction. In a retail installment contract involving a consumer
transaction, the creditor must give the debtor a written notice, within five days after
taking possession of the collateral, of the circumstances constituting the default and the
term.s for curing the default. If the debtor fails to cure the default within 20 days after the
creditor retakes possession of the collateral, or 15 days the giving of notice, whichever
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is later, the secured creditor may dispose of the collateral by public sale only after giving
a notice of sale.
Deficiency Requirements
If a creditor fails to give these notices, it may not be permitted to recover the cost of
retaking possession of the collateral and may not be entitled to a deficiency judgment.
State Code
Ohio UCC Code, Chapter 1309
OKLAHOMA
Collateral Recovery Upon Default
Peaceful repossession allowed.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor. With exception to
transactions involving consumer goods, notice to any holder of a subordinate lien is also
required.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
12A-9-101, et seq.
OREGON
Collateral Recovery Upon Default
Peaceful repossession allowed.
Redemption of Collateral
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After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
O.R.S. 79 et seq.
PENNSYLVANIA
Collateral Recovery Upon Default
Peaceful repossession allowed.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
13 Pa.C.S. 9101, et seq
RHODE ISLAND
Collateral Recovery Upon Default
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Peaceful repossession allowed.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
§ 6A-9-101, et seq.
SOUTH CAROLINA
Collateral Recovery Upon Default
Peaceful repossession allowed.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor. With exception to
transactions involving consumer goods, notice to any holder of a subordinate lien is also
required.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
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State Code
36-9-101, et seq.
SOUTH DAKOTA
Collateral Recovery Upon Default
Peaceful repossession allowed.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor generally may be liable for any deficiency.
State Code
SD Code Section 57A-9
TENNESSEE
Collateral Recovery Upon Default
Peaceful repossession allowed.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor.
Deficiency Requirements
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A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
47-9-101 et seq.
TEXAS
Collateral Recovery Upon Default
Peaceful repossession allowed.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
The State of Texas generally adopts the provisions of the Uniform Commercial Code
(Title 9) in secured transactions. Bus & Comm C. 9-101 et seq.
UTAH
Collateral Recovery Upon Default
Peaceful repossession allowed.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
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incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency. However, under the Uniform Consumer Credit
Code (Title 70C of the Utah Code), a creditor may not seek a deficiency judgment if it
repossesses or voluntarily accepts the surrender or return of consumer goods in which
it has a security interest of consumer goods having a value of $3,000.00 or less.
State Code
Title 70A, Chapt. 9 of Utah Code
VERMONT
Collateral Recovery Upon Default
Peaceful repossession allowed.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
U.C.C. 9A-9-101
VIRGINIA
Collateral Recovery Upon Default
Peaceful repossession allowed.
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Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
VA Code 8.9A
WASHINGTON
Collateral Recovery Upon Default
Peaceful repossession allowed.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
Chapter 62A.9A RCW
WEST VIRGINIA
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Collateral Recovery Upon Default
Peaceful repossession allowed.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
§46-9-101
WISCONSIN
Collateral Recovery Upon Default
Debtor required to sign voluntary surrender of Collateral or Replevin Judgment granted
through legal action for possession of collateral.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
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State Code
Sec.409.501 et seq.
WYOMING
Collateral Recovery Upon Default
Peaceful repossession allowed.
Redemption of Collateral
After a debtor's default, a secured creditor may sell, lease or otherwise dispose of the
collateral in a commercially reasonable manner, by public or private sale. Any time
before the disposition of the collateral, a debtor may have a right to redeem the
collateral by tendering full payment of the obligation owed and all reasonable expenses
incurred by the creditor. Reasonable notice of the time and place of the sale is generally
required to be given to other secured creditors and the debtor.
Deficiency Requirements
A creditor must account to the debtor any surplus, and unless otherwise agreed, the
debtor may be liable for any deficiency.
State Code
WS 34.1-9-101 et seq.