Jimerson Firm

NOVEMBER 16, 2020

The quickest and cheapest way for a secured creditor to take possession of the collateral is by self-help repossession. In Florida, a secured creditor may use self-help repossession without going to court, provided it does not “breach the peace.” § 679.609(2)(b), Fla. Debtor’s Consent to the Entry and Repossession.

Secured Creditor 69

Secured Creditor Collateral Repossession Creditors 69

Jimerson Firm

NOVEMBER 23, 2020

Self-Help Repossession: In Florida, a secured creditor may use self-help repossession to take possession of collateral, provided its efforts do not breach the peace. If a secured creditor breaches the peace, it may be liable to the debtor for damage done to the debtor or its premises during an unauthorized entry.

Collateral 98

Collateral Loans Secured Creditor Lender 98

Jimerson Firm

FEBRUARY 3, 2021

For example, in the case Ark Real Estate Services, Inc. , the purchaser of real property from a foreclosure sale sued a mobile home lender for repossessing a mobile home from the real property after the sale. The mobile home was anchored to the land and hooked up to utilities.

Foreclosure 96

Foreclosure Collateral Lender Repossession 96

Consumer Financial Services Law

DECEMBER 29, 2016

Also, on an auto loan, there could be more than one missed payment, followed by a repossession, followed by a sale of the collateral and establishment of a deficiency balance. He concentrates his practice in creditors' rights with an emphasis on debt collection, judgment enforcement, and commercial litigation.

Collections 40

Collections Judgment Enforcement Creditor's Rights Creditors 40