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Automobile
Reposession
When you borrow
money to buy a car, you should know that:
- The lender can repossess if you miss a
payment or for any default (a violation of the
contract).
- The lender can repossess without advance
notice.
- After repossession, the lender might be able
to accelerate, meaning the lender can require
the borrower to pay off the entire balance of
the loan in order for the borrower to get the
vehicle back.
- The lender can sell the vehicle at auction.
- The lender might be able to sue the borrower
for the deficiency if it sells the car for less
than the borrower owes. This is true even in
voluntary repossessions.
- The lender cannot commit a "breach of the
peace," for example, breaking into a home or
physically threatening someone, in the course of
a repossession.
If you know you're going to be late with a payment,
talk to the lender to try to work things out. If the
lender agrees to a delay or to modify the contract,
be sure you get the agreement in writing. |