Guide · Consumer Protection

Vehicle Repossession and Auto Finance: A Comprehensive Guide to Default, Self-Help, Resale, and Deficiency

15 U.S.C. § 1601

Type
Guide
Jurisdiction
National
Date
2024-10-16
Topic
Consumer Protection

This guide covers auto finance and repossession from origination through deficiency litigation. Part One explains the constitutional and commercial foundations of self-help repossession. Part Two covers origination: disclosures, add-on products, and the practices that generate defaults. Part Three covers default, acceleration, and the taking itself, including the breach of the peace limitation. Part Four covers post-repossession rights: personal property, notice, redemption, and reinstatement. Part Five covers disposition and the commercially reasonable standard. Part Six covers the deficiency, its arithmetic, and the defenses that defeat it. Part Seven covers bankruptcy, and Part Eight covers collection, credit reporting, litigation strategy, and lender-side compliance.

Vehicle Repossession and Auto Finance: A Comprehensive Guide to Default, Self-Help, Resale, and Deficiency

Consumer Protection > Vehicle Repossession and Auto Finance | Published 16 October 2024 - Updated 10 February 2025 | UpLaw - uplaw.us

Part One — Foundations

📌 A secured party may take collateral without judicial process if it can do so without breaching the peace. That rule, from Article 9 of the Uniform Commercial Code as adopted in every state, is the foundation of the entire field.

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