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.

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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. Florida case law provides that a breach of the peace occurs if the secured creditor enters the debtor’s land to repossess the collateral, without the debtor’s consent.

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.

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Foreclosure Collateral Lender Repossession 96