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How Can a Secured Creditor Repossess Collateral Without Breaching the Peace?

Jimerson Firm

When a borrower applies for a loan, most lenders require the borrower to pledge an asset as security for the repayment of the loan, i.e. collateral. In the event the borrower defaults, usually by failing to make loan payments, a secured creditor has a right to take possession of the collateral. 679.609, Fla. 2d 1020, 1024 (Fla.

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Recovering Personal Property Collateral: When Should Secured Creditors Consider Replevin Instead of Self-Help Repossession?

Jimerson Firm

Many secured creditors and equipment leasing companies have encountered defaulted debts, where the debtors and lessees retain possession of the collateral, including cars, boats, machinery, or other equipment. When Should Creditors use Replevin to Recover Collateral? Dania Bank , 321 So. 2d 83 (Fla. 4th DCA 1983).

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What are the Conditions Precedent (if any) to Perfecting a Claim to an Assignment of a Life Insurance Policy as Security Collateral for a Loan?

Jimerson Firm

When lenders take life insurance policies as collateral for loans, they need to be aware of what needs to occur to place a claim in the event their borrower dies. Therefore, it is critical for lenders to confirm that no prior assignment exists on life insurance collateral prior to taking the collateral on as security for a loan.

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How Lenders Can Avoid Losing Their Collateral by Paying Off the Borrower’s Property Tax Obligations

Jimerson Firm

How Do Property Taxes Result in Loss of Collateral? If the borrower is delinquent in paying its property taxes, a tax certificate may be sold for the past-due taxes, which could lead to a tax deed sale of the collateral. The notice will provide that, if payment is not received, a tax certificate may be sold. 197.343(1).

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Asset-Driven Approaches in NPL Management & Collections Tech

Qualco

As a result, loan borrowers with floating rates, also referred to as adjustable or variable rates, face higher monthly payments due to increased interest expenses. This approach involves taking proactive measures, even when the credit is still in good standing, and the creditor has not yet taken possession of the collateral.

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How Late Can You Be on a Car Payment, Mortgage or Other Bill?

Credit Corp

More than 10% of subprime auto loan customers were behind on payments by 60 days or more in early 2021. Whether or not you fall under the subprime category, it can be surprisingly easy to miss an auto payment—or any other debt. So, when do you know that you have a late car payment on your hands? Were you one of them?

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What Happens to My Personal Loan After Bankruptcy?

Sawin & Shea

Unsecured loans are loans that don’t have collateral. Common unsecured loans include: Bank loans with no collateral. Unlike unsecured personal loans, secured loans involve some form of collateral that the lender can repossess if the borrower fails to make payments. Payday loans. Signature loans.