Repossessions

The Number One Resource on Consumer Repossessions

This treatise every aspect of motor vehicle, manufactured home, and household goods repossessions and deficiency claims:

• Analysis of the 2022 Article 9 changes now in effect in most states
• State and federal limits on security interests and ways creditors trip up in taking collateral
• State limits on default and acceleration and when default does not justify repossession
• Breach of the peace and other illegal forms of self-help repossession
• How to defend a replevin proceeding
• Notice of sale and when disposition not commercially reasonable
• Determining the size of a deficiency or surplus and when a deficiency is barred
• Repossession law applied to leases for vehicles, solar panels, and rent-to-own

The Only Treatise to Go Well Beyond UCC Article 9

Other UCC treatises miss the critical protections found in federal and state laws other than the UCC.

• Rights to reinstate the vehicle after seizure
• Rights to cure a default, preventing repossession
• Servicemembers Civil Relief Act protections
• Special Fair Debt Collection Practices Act repossession provisions
• Federal Rebate Statute
• FTC rules on household goods collateral
• Federal manufactured home regulations
• Consumer rights regarding statutory liens

Repossession Litigation Practice Pointers

• Detailed chapter on defenses to a deficiency lawsuit
• Unique chapter on affirmative consumer claims and counterclaims that can exceed the size of the deficiency
• Standing issues in federal and in state court
• Sample pleadings and discovery. See an example here.