Home Mortgage Foreclosure

There are several different considerations when it comes to understanding mobile home repossession. The first consideration is whether the loan used to obtain the mobile home was a personal loan or an actual home mortgage. Generally if the buyer of the mobile home owns the property the mobile home is on it will be a mortgage, however if the mobile home is on a rented lot such as a mobile home park then the loan for the home is a personal property loan. With both types of loan options, the mobile home repossession will follow the same basic steps once the loan payments go into default. Prior to that final step, a mortgage loan will require pre foreclosure and foreclosure whereas a personal property loan can result in a mobile home repossession just like any type of vehicle or property repossession.

The basic facts on mobile home repossession will be standard in most states, but be sure to check the specifics in your area with an attorney. The following points are general information on mobile homes and repossession:

? Once the mobile home is repossessed the lender can sell the home at a public auction. As the loan holder you will be required to make up the difference between the loan amount and the sale price on the mobile home. You will also be charged all repossession fees and legal fees incurred by the lender to complete the repossession process.

? If the lender has the mobile home cleaned, repaired or hires an auction service to sell the mobile home you will be responsible for the cost of all these services as part of the deficiency payment.

? Mobile home repossession can sometimes be prevented through filing for bankruptcy. In some cases you may be able to retain your home and pay a much smaller monthly payment over a longer period of time with this option.

? In cases where the mobile home is sold through a repossession sale and the deficiency payment is ordered, non compliance of this order can result in the lender being able to garnish your wages; up to 25% of your total pay. This will apply to anyone that had their name on the title, regardless if they were living in the home at the time of the repossession.

? Typically with mobile home repossession on a rented lot the landlord of the trailer park will want to have the mobile home removed off the lot as it is not making the park any money since the lot fee is not being paid. Usually when this happens the people on the title will be responsible for any moving fees through the lender, who will arrange for this to happen.

Selling is an option to prevent mobile home repossession, however keep in mind that these homes tend to have a very low resale value and will typically result in a high deficiency payment, but this will still be a better option than repossession for your credit record.

There are many different legal issues which individuals that have repossession businesses or individuals that are facing the possibility of having something repossessed need to be aware of. Each state has individual and different repossession laws, so it is important to be aware of what can and cannot happen with regards to repossession.

Basically any type of repossession occurs when someone owes money on a tangible item and the borrower has defaulted on the payment. These types of repossessions can occur because the borrower actually has a form of a secured loan with the item itself being used as collateral. Since this is a form of a loan, the purchaser who is also the borrower, really is not the owner of the item until the loan for the item is paid in full. The lender actually, in legal terms, continues to be the owner until the note is paid off in full. This allows the lender (with right of ownership) to take the property back without having to go through the court to get a judgment against the party with the right of possession.

Usually most companies that offer equipment, vehicles and other large items don’t actually do the repossession, rather they hire a specialized company to go out and collect the property. Even in states where repossessions can be done through these companies, there are still legal precedents that limit or structure the ways and means that the company can use to get the property back. In most states the following legal issues are in place regarding the repossession process:

? The borrower must be made aware that the loan is outstanding and must be informed in the original loan agreement that default on the loan of a specific number of payments will result in repossession action by the lender.

? The individuals completing the repossession cannot commit any illegal acts or cause a breach of the peace in regards to obtaining the item. They cannot break into a house, garage or property that is secured to obtain the item.

? The company or agent cannot damage anything to obtain the item. This means they cannot pull items out of a house and put a hole in the wall or the kitchen cabinets or otherwise damage the property while removing a stove.

? The creditor or the repossession agents cannot threaten to or actually remove any property other than the item you owe money on. This means that they cannot, for example, take a boat that may be on a trailer that is attached to a truck that is being repossessed.

In the United States if a repossession company breaches any of these laws the repossession can be overturned through a court of law and the individual can also be awarded damages.

Vehicle or more specifically car repossession can occur anytime that you, as the person that is the process of purchasing the car through a loan option, default on a payment or series of payments, depending on the laws of your state and the terms of your vehicle purchase. Car repossession laws vary from state to state with some requiring the creditor to provide notice that you are in default of the loan and subject to repossession of the vehicle, and others not requiring any notice at all.

Knowing your state’s car repossession laws is important so you can be aware of what you need to do to protect yourself. Obviously the most important fact is to always make your loan payments on schedule to prevent car repossession. If you can’t make your car loan and you know in advance, talking to your lender may provide alternate options such as making a partial payment or making additional payments to catch up to your repayment schedule. Any type of vehicle repossession will result in a dramatic decrease in your credit score that could serious affect your ability to obtain any type of loan in the future.

If you are concerned about having your car repossessed the first step is to talk to an attorney. The lawyer will be able to advise you specifically on what you can do and how you need to do it to protect yourself and your credit. In some cases the car repossession can be done voluntarily and an arrangement made to sell the vehicle and then pay the difference in the outstanding amount and the sale price. This can sometimes be used as an option to prevent it from reflecting on your credit report.

During the vehicle seizure or car repossession the repossession company and its agents have to follow the law or the repossession can be overturned and you may even be able to file for damages. In all states the repo agents cannot use physical force against an owner and in some states they cannot go into a locked garage or other building to take the vehicle. Coming onto your property, especially if you have a locked gate may also violate some state laws. The vehicle can be repossessed in a public space or on the street in front of your yard or in your driveway if there is no locked gate between the driveway and the street. In some states if you refuse to surrender the vehicle and the repo company attempts to take it anyway they may be breaching the peace, which can result your legal right to filing a suit against the company.

It is a good thing when we can realize the American dream of home ownership. Along with the home ownership comes a lot of financial responsibility. Unfortunately due to circumstances some people may find themselves unable to maintain the biggest responsibility; the payments. When the homeowner is unable to keep up with the payments he is at risk of house repossession.

When and if the legal action of house repossession is started it will occur in several stages and can take weeks or months to from start to finish. At any stage during the process the homeowner may be able to stop the process. If the homeowner can bring the mortgage payments up to date the process will immediately end. It is actually to the advantage of the mortgage company to keep you in the house paying off your mortgage and house repossession is usually a last resort for them. The quicker action is taken once the process has begun the more options and lower legal fees for the homeowner. Each stage has its own rules and procedures and if they are not followed the house repossession may not proceed as planned.

For a house repossession to occur there must be a sound legal reason. The most common reason is for delinquency of mortgage payments. The lender will work with the homeowner to try to refinance, modify the mortgage or come up with some other repayment plan. Once the lender plans to go forward with house repossession a letter requesting that the payments be made current will be sent to the home owner. If the issue is not resolved at this point the lender will then send a letter informing the homeowner of the possibility of court action. If no resolution comes from that action, the homeowner will be notified of the court order seeking possession of the house.

The court will notify the owner if the time and place of the hearing. At this time if the owner has not done so previously, it would be a good idea to seek qualified legal advice about the situation. The homeowner must reply to the courts; failure to do so would not be in the best interest of the homeowner. The homeowner should obtain legal counsel to represent them in court.

At the hearing the judge will listen to both sides and a decision will be made as to what should happen next. The judge has several options, some of which include allowing the homeowner to stay in the home under certain conditions, like repayment of the arrears; allowing the homeowner time to avoid house repossession by selling the house themselves or the judge may follow through with eviction.

If the judge decides to allow the house repossession, the homeowner will be given a date to vacate the house. If they do not leave voluntarily by the date set, the lender may have law enforcement to assist in having the house vacated.

As a consumer it is always important to understand the laws that apply to being a borrower and buying a vehicle on payments. Auto repossession is something that no consumer thinks will ever apply to them, however there are tragedies and changes in employment and income earning ability that can happen very unexpectedly, leaving the consumer without the ability to make a car payment and resulting in a possible auto repossession.

The first step in protecting yourself both now and in the future from auto repossession is to read and completely understand your purchase and financing agreement with the seller. This means taking the time to read all the fine print on the sales contact and financing documents. If you don’t understand a particular clause or item, ask about the issue or ask to take the document to your attorney for information. No reputable dealership will have a problem with a legal professional looking over the sales or financing information. If the company seems unwilling to do so, find a different dealership or individual.

The second important factor is to understand under what conditions the lender will start the auto repossession process. How many payments have to be missed before your vehicle will be repossessed? Know what the laws are in your state regarding the rights that you have as a consumer and the right the repossession companies and their agents have. In most states the vehicle can be seized anywhere in public, which may mean your business or employment area parking lot, a shopping mall, movie theatre or any other public parking space. In some states the vehicle may also be subject to auto repossession on your property provided it is not in a locked area or garage.

If the vehicle has been repossessed, you have fewer options to deal with the problem than working with the lender prior to the seizure of the car. If you find yourself unable to make a payment, call the lender and try to work something out, especially if you have corrected the financial issue that is preventing you from making the payment. If you have lost your job but have found another and are missing a pay period due to the transition, your lender will typically work with you to either add a payment on to the end of the loan or accept a partial payment and additional balance payment with the next monthly loan installment. You may be charged a service fee but this is a small price to pay to keep your vehicle and prevent the negative impact of an auto repossession on your credit score.

Just like most reputable and reliable dealerships, the Galpin Ford voluntary repossession department is there to assist consumers in returning vehicles when they can no longer afford to make the required payments. It is important to communicate with the staff at Galpin Ford voluntary repossession department prior to any delinquency in the payment as often a modification in the contract or loan agreement can be completed which will prevent the need to move forward with either a voluntary or involuntary repossession of the vehicle. This is especially true if your financial problem has been resolved and that you can’t foresee any future problems in making payments. Working with the Galpin Ford voluntary repossession department proactively is far better that waiting until you have no options left and then surrendering the vehicle.

Usually when working with the Galpin Ford voluntary repossession department or any other dealership financial department the first option is to try to modify the repayment plan to meet your needs. Since most dealerships would rather avoid doing a repossession, even voluntary, you may be surprised at what they are willing to consider. Always be reasonable with your budget and don’t promise to make monthly payments that are not possible, this will result in a second default and may make repossession the only option the dealership will consider.

Keep in mind that any voluntary repossession, which means that you bring in your car and surrender it for non-payment of the loan, is going to be a negative on your credit score. The Galpin Ford voluntary repossession department staff will explain this to you, however you should be aware of the consequences to your credit record before you make this decision. Talking to a credit counselor before making the decision is important, especially if you already have paid into the car for a large part of the loan period. Keep in mind that the car has dramatically depreciated in value in the first year, so even if you turn in the vehicle and they sell it or value it at a higher than average market value there will still likely be a deficit between the value of the car and the total amount of the loan plus the interest and fees. Even with a voluntary repossession you, as the borrower, will be responsible for paying that difference. If you had a friend or family member co-sign for the vehicle, he or she will also be negatively affected through their credit score and will be held legally responsible for the deficiency payments.

When a buyer is not capable of making the payments for his automobile, he may give the auto back to the lender. That means that the buyer has completed a voluntary auto repossession. This action could relive the consumer of some debt but only if the lender chooses to do so. However it does not usually mean the lender is completely relived of all financial responsibilities. Sometimes voluntary auto repossession is just as bad as involuntary auto repossession. The damage to your credit will be the same and it can be listed as a negative mark on your credit that can be reported for up to seven years. The consumer may even owe money to the lender after the voluntary auto repossession has transpired. The consumer will still be responsible for any late fees and attorney’s fees incurred by the lender. If at all possible the individual may wish to consider selling the car and paying off the lender and the vehicle will typically bring more cash through a private sale than it would a repossession auction.

When the consumer feels that he is financially incapable of keeping payments current for the automobile there may be other options besides voluntary auto repossession. Keeping the line of communication open with the lender will work in the favor of the consumer. If the lender has been made aware of the consumer?s situation and his intent to pay, the lender may be more willing to modify the original contract. If the consumer is able to have the contract modified, all changes should be in writing so that all parties? responsibilities are clear.

If the consumer has not been successful with a private sale and the voluntary auto repossession must occur, the creditor may keep the vehicle for compensation of the debt or they may sell it. It is a requirement of some states that they notify the consumer what will occur with the automobile. If the automobile is being sold at a public sale the consumer should be in attendance to ensure that the automobile is being sold for the best price. If the car is being sold at a private sale the consumer should be made aware of the date. The rules vary from state to state but if the automobile is not sold in a manner and at a price that is considered to be reasonable it may allow the consumer to file a claim against the lender for damages. If the consumer feels the vehicle was sold for less than a fair market value he or she may be able to use that as a defense in court to avoid having to pay the difference between the sale price and the outstanding loan amount.

A voluntary auto repossession does not have to be as bad as it seems. The consumer has options to help solve their credit history problems.

Whenever you buy any type of vehicle on credit always remember that until the final payment is made on the vehicle the creditor continues to have certain rights in the vehicle. These rights are determined by the laws of the state and the contract that you signed with the lender as the seller. If you don?t make timely payments on the vehicle, vehicle repossession laws may come into play. Your negligence in payment will usually give the creditor the right to seize your vehicle without going to court and with no advance warning to you.

There are limitations to the creditor?s right to seize your vehicle. These limitations include but are not limited how the creditor may seize the vehicle and resell it to go towards your debt on the vehicle. If the creditor violates certain rules, vehicle repossession laws would make it possible for the creditor to lose other rights or even be indebted to you for damages. Each state has its own specific vehicle repossession laws; it would benefit the consumer to know what they are. The consumers can find out what the specific vehicle repossession laws of their state are by contacting a consumer protection agency or through private legal counsel.

According to vehicle repossession laws, the creditor has the legal right to repossess as soon as your loan is in default. To find out what would be classified as a default the consumer should refer back to the contract, but a late payment could be considered as default. If the creditor allowed the borrower or buyer to make late payments or change the date of payments it would change the terms of the original contract; this could be agreed upon through a conversation or in writing, it would be better for the consumer if it were in writing. If the creditor continuously accepted late payments without complaining that action might be perceived as a change in contract, even if there was no direct conversation on the subject.

At the point of default, vehicle repossession laws would allow the creditor to legally seize the vehicle at any point and time, without giving any notice. They even have the right to come on your property in some states. When seizing the vehicle the creditor has to be careful not to commit a ?breach of the peace?, an example of it would be use of physical force or the use of threats. If the creditor does commit a breach of the peace when seizing the vehicle it may result in a penalty for them and/or compensation to the consumer for any damages. Vehicle repossession laws could also determine whether or not the creditor is able to collect a deficiency judgment, which is the difference between what is owed on the loan and the amount that is received when the vehicle is resold.

When you are facing the possibility of any type of repossession it is always tough to calm down and do the research you need to find out what repossession laws apply to your specific situation. It is also common to resort to rely on information on repossession laws from family, friends and even co-workers who are not usually well informed and truly knowledgeable on the subject.

In reality not all items are subject to the same types of repossession laws and each state has their own specific repossession laws. It is not reasonable to think that repossessing a house would be the same as repossessing a car or a computer system that is not being paid for. Generally most states provide a longer grace period or resolution period for higher priced item such as houses and properties and shorter grace periods for cars and appliances or electronics. In addition the contact that you signed with the seller regarding the payment plans, fees and repossession terms are also considered as part of the legal issues around a repossession. In some contracts even one missed payment may be grounds for starting the repossession process.

Each state has their own specific repossession laws and legal requirements for seizing property or possessions. It is important, as the consumer, to understand what the repossession company can and cannot do to take back the item, as if they don’t do it right you may be entitled to compensation and damages. Ideally each consumer that is facing repossession or has had something repossessed should consult with a qualified and licensed attorney to find out what repossession laws apply in their situation and if any legal issues were breached during the process.

Some states require that all repossessions be filed through the court and the borrower or consumer provided notice of a pending repossession. Other states allow the lender to start the process immediately upon breach of the purchase and finance contract; without notification to the consumer. Knowing which option is legal in your state is simple, just use any search engine to look for sites using the search terms of your state name and the phrase “repossession laws”. In addition research books at your local library or contact the Better Business Bureau in your area that can provide specific information for your state as will as the type of property you are facing repossession on.

It is critical to use only the information provided on repossession laws for your state and the type of item that is in default payments. If you have the incorrect information you are more likely to make poor decisions that may end up costing you more money in the long run.

A voluntary automobile repossession occurs when a borrower takes their car back to the lender, which is usually the dealership, because they are no longer able to make the payments on the loan or financing for the vehicle. An involuntary automobile repossession can occur at any time in the loan, however it is most common in the first two years of the longer term loans after there has been some change in the borrowers financial status.

One a car, truck or any type of vehicle is submitted to a dealership or a lender under an automobile repossession there are several things that can occur, depending on how the dealership or lender elects to move forward. In many cases the lender will put the car up for auction at a specialized auction that deals in selling repossessed cars. These auctions are open to the public as well as other dealerships and car salespeople. The dealership or lender will typically place a reasonable reserve bid on the vehicle as they are required to ensure that you are provided with a fair market price for the vehicle. The condition of the car, mileage and any damage or other mechanical problems of the vehicle can all factor in on what would be considered a reasonable market price. The other option in an automobile repossession is for the dealer to value the car and sell it on their own lot as a used vehicle. Again, they must ensure that they are selling it for fair market value when using this method.

Once the car from the an automobile repossession is sold, the dealership or lender then takes the purchase price and deducts any fees they have incurred in the sale of the car. This may include legal and sales fees or any other financing charges. The balance is then applied against the outstanding loan and if the balance is then zero, you are free and clear of any further debt.

Unfortunately in an automobile repossession this is rarely the case and there will typically be a negative balance still owing on the loan. This is based on three key factors and these are 1) cars depreciate the most in the first year, 2) used cars, even in great shape, are harder to sell for high prices and 3) additional fees can be costly. The original vehicle owner will then be provided with the notice of the outstanding deficiency balance and will be required to pay this amount to avoid further legal proceedings. Default on this deficiency payment may include garnishing wages through a court order or other sanctions through the court process, expenses that will be added to the costs of the outstanding balance.