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

Jimerson Firm

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. Barnett Bank of Pensacola , 397 So.

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SBA Loans: How to Maximize Recovery by Liquidating Personal Property

Jimerson Firm

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. Barnett Bank of Pensacola , 397 So. Step 1: Take Possession of the Collateral through Self-Help or Replevin. 679.609(2)(b), Fla. Brinkley , 282 So.

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Foreclosing on Property With a Mobile Home

Jimerson Firm

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. For example, in the case Ark Real Estate Services, Inc. , The mobile home was anchored to the land and hooked up to utilities.