Repossessions

The essential treatise covering every aspect of motor vehicle, manufactured home, and household goods repossessions and deficiency claims.

UCC Article 9 & Repossession Coverage

• Article 9 Updates: Detailed analysis of the 2022 Article 9 changes now in effect in most states.
• Collateral & Default: State and federal limits on security interests, common creditor missteps, and limits on default and acceleration.
• Repossession & Replevin: Defending replevin proceedings, breach of the peace, and other illegal self-help repossession methods.
• Sales & Deficiencies: Notice of sale requirements, commercially unreasonable dispositions, and calculating surplus/deficiency amounts (including when deficiencies are barred).
• Leasing Applications: Repossession law applied to vehicle, solar panel, and rent-to-own leases.

Protections Beyond UCC Article 9

Goes beyond standard UCC treatises to cover critical state and federal protections:

• Cure & Reinstatement Rights: Preventing repossession by curing default and rights to reinstate vehicles after seizure.
• Federal Statutes & Rules: Servicemembers Civil Relief Act (SCRA) protections, FDCPA repossession provisions, the Federal Rebate Statute, FTC rules on household goods collateral, and federal manufactured home regulations.
• Statutory Liens: Consumer rights regarding statutory liens.

Repossession Litigation Practice Pointers

• Defenses & Counterclaims: Dedicated chapters on defending deficiency lawsuits and leveraging affirmative consumer claims and counterclaims that can exceed the size of the deficiency.
• Court Procedures & Tools: Federal and state standing issues, along with sample pleadings and discovery.