Monday, April 22, 2013

http://en.wikipedia.org/wiki/Repossession


Repossession

[edit]Procedure of a repossession (United States)

In the United States, repossessions are carried out pursuant to state laws that permit a creditor with a security interest in goods to take possession of those goods if the debtor defaults under the contract that created the security interest. In particular, all 50 U.S. states and the District of Columbia have enacted (with minor variations) Article 9 of the Uniform Commercial Code, which generally permits security interest holders to repossess goods if a debtor is in default and the repossession can be conducted without a “breach of the peace” (i.e., without breaking the law).[1]Being “in default” means that the debtor has failed to fulfill his or her obligations under the contract. The most common forms of default resulting in repossession are failing to make required payments and failing to maintain adequate insurance coverage.
Many consumers mistakenly believe that they are legally entitled to a “grace period” that prevents creditors from repossessing goods until the payments are a certain number of days overdue. In reality however, grace periods are non-compulsory business practices that have been adopted by most consumer lenders.[4] There is nothing legally preventing a creditor with a security interest from repossessing the goods if a payment is late (even if it is only one day overdue). The only exception to this rule is if the creditor does or says something to lead the debtor to believe that the goods will not be repossessed notwithstanding a late payment. If a creditor tells a debtor that a payment may be made a particular number of days late, and then repossesses the goods before that date, the creditor is guilty of conversion (law) (i.e., civil theft).[5] That being said, unless the consumer received permission to make a late payment in writing, it may be difficult for him or her to later prove that the creditor agreed to permit the late payment. Because of the difficulty proving oral statements, some unscrupulous creditors try to lull debtors into false senses of security with a tactic sometimes called the "gab and grab." The creditor will orally agree to give the debtor extra time to make a payment—this is the "gab." But the creditor is only doing this to facilitate the repossession—the "grab." The creditor ignores the oral agreement to extend the time of payment and arranges for an immediate repossession. This tactic has been deemed unlawful by numerous courts. See, e.g., Demitro v. GMAC Corp., 388 Ill. App. 3d 15 (Ill App. Ct. 2009).

[edit]Repossession in various jurisdictions

[edit]General

[edit]United States

When a provision of law requires when repossession takes place, the lien holder has a non-delegatable obligation not to cause a Breach of the Peace (which is synonymous with disturbing the peace) in performing the repossession or the repossession will be reversed, and the party ordering the repossession will be liable for damages (or the lienholder will be held responsible). This requirement not to breach the peace includes even if the breach is caused by the debtor objecting to the repossession or resists the repossession. In MBank El Paso v. Sanchez (1992), 836 S.W.2d 151, where a repossession agent towed away a car even after the loanee locked herself in it, the court decided that this was an unlawful breach of the peace and declared the repossession invalid. The debtor was also awarded $1,200,000 in damages from the bank involved.

[edit]United Kingdom

[edit]England and Wales

Number of repossessions in England
YearClaims IssuedClaims Leading To An OrderProperties Taken Into Possession
1990145,350103,50843,900
1991186,649142,90575,500
1992142,162126,88168,600
1993116,181105,28358,600
199487,95877,68149,200
199584,17075,25849,400
199679,85871,20342,600
199767,07357,15632,800
199884,83666,05533,900
199977,81853,44829,200
200070,14048,40322,900
200165,55545,81218,200
200262,86240,43012,000
200365,37339,7848,500
200476,99345,3568,200
2005114,73368,92214,500
2006131,24888,01821,000
2007137,72590,65425,900
2008142,741111,76340,000
2009N/AN/A48,000[7]
However, repossession law firm Moore Blatch[10] advises that whilst the number of repossessions is falling, the number of people in arrears by 3 months or more is actually significantly higher. At the end of June 2009 the number of people in arrears by 3 months or more was 270,400 compared with 264,700 in the first quarter, and 152,700 in the second quarter of 2008 - a 77% increase over 12 months. The alternative quoted measure of arrears, preferred for historical comparisons, is the number of loans in arrears by 2.5% or more of the outstanding mortgage balance. The number of loans in arrears by 2.5% or more totalled 205,600 (1.85% of all loans), which was only 1,700 higher than the previous quarter’s figure of 203,900, but a 46% increase from 139,700 at the end of the second quarter of 2008.[11]
Average repossessed sales price.
RegionHPI Regional Average* (£)whitehotproperty.co.uk average** (£)Percentage difference
South East England206,426181,947-13.5%
East Anglia158,205140,503-12.6%
North England134,311123,368-8.9%
Greater London241,306224,833-7.3%
South-West England179,428167,846-6.9%
Yorkshire & Humberside120,988114,725-5.5%
East Midlands135,873131,988-2.9%
West Midlands152,598150,329-1.5%
North West England123,795129,757+4.6%
AVERAGE161,437151,700-6.4%

[edit]Germany

[edit]See also

[edit]References

  1. ^ Section 9-609 of the Uniform Commercial Code
  2. ^ See e.g., description of California's automobile repossession laws.
  3. ^ Repossession information web site describing California's reinstatement and redemption requirements.
  4. ^ Web sites describing Ohio's and California's auto repossession laws.
  5. ^ Consumer repossession information web site
  6. ^ Vehicle Repossession: Understanding the Rules of the Road , Federal Trade Commission, November 2008. Retrieved 2011-02-16
  7. ^ CML.org.uk
  8. ^ Justice.gov.uk
  9. ^ Home repossessions fall further in UK - August 12, 2010
  10. ^ Mooreblatch.com
  11. ^ [1]
  12. ^ Whitehotproperty.co.uk
  13. ^ Bürgerliches Gesetzbuch, §§ 229, 562b, 592 etc.

[edit]External links

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