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Page 1: THE CONTENTS OF THIS GUIDE IS COPY WRITTEN AND …

Courtesy of: MNHCreditSolutions.com

THE CONTENTS OF THIS GUIDE IS COPY WRITTEN AND

PROTECTED UNDER INTELLECTUAL PROPERTY LAW.

NEITHER THIS GUIDE, NOR THE COPYWRITTEN DATA AND

MATERIALS CAN BE SOLD, RESOLD, OR OTHERWISE SHARED

(WHICH INCLUDES BEING PLACED IN A FACEBOOK GROUP, IN

A BLOG, IN A DIY KIT, APART OF YOUR EDUCATIONAL

SERVICES TO YORU CLIENTS, ET AL.) WHO HAS NOT

PURCHASED IT (meaning ALL parties who have access to this guide

has purchased it) DIRECTLY FROM THE FRUGAL CREDITNISTA,

MNH FINANCIAL SERVICES, LLC OR MNH CREDIT SOLUTIONS.

YOU DO NOT HAVE MY PERMISSION.

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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.