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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. Debtor’s Consent to the Entry and Repossession.

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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. 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.

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Foreclosing on Property With a Mobile Home

Jimerson Firm

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.