Article · Consumer Protection
The Car Was Gone by Morning: How Repossession and Auto Finance Actually Work
15 U.S.C. § 1601
- Type
- Article
- Jurisdiction
- National
- Date
- 2024-11-22
- Topic
- Consumer Protection
A car can be taken from a driveway at three in the morning by a stranger with no court order, no hearing, and no warning, and in most of the country that is entirely lawful. This article explains the doctrine that permits it, the single limit that constrains it, and what happens to the borrower afterward. It covers the notice and sale requirements that follow a repossession, the commercially reasonable standard that governs the auction, and the deficiency balance that is the real subject of most disputes. It then covers the financing practices that produce these defaults in the first place, from yo-yo sales to negative equity to starter interrupt devices. It closes with the defenses that actually work, the role of bankruptcy, and the practical steps that matter in the first forty-eight hours.
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