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Liens

~2000 answered questions
Parent Category: Debt Collection
The right of a creditor to sell collateral property when a debtor defaults on their loan
YES, I don't remember what VA Bch is but I know they have a limit. This would be covered by the "mechanic's leins act " or a similar type state regulation that sets out the amounts that can be charged for vehicle storage. If you don't pay for the repairs and the storage costs, eventually the ga…
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The automotive manufacture has two options when repossessing a vehicle. They will either tell you to keep the vehicle and they will put a lien on your house for the value of the vehicle if there is enough equity in the house, and pressure you into selling it. If you do not sell the house then the li…
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If the persons living on the property are the ones who owe for the inspection but are not the owners, no. The person owed does however, have other options for collecting the debt. No. If you owe the debt the home inspector cannot place a lien on property you don't own.
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In general that is dependent on the lender and the provisions of state statutes. It may also be affected by whether the filing was a federal or state BK. In some instances the consumer has up to a year before having to vacate the premises, in others it can be sixty to ninety days.
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Registering a car You have several issues here. If you plan to drive the car in California it must be registered there, but your Military stautus exempts you from certain fees. If you plan to drive the car straight to Florida you may obtain a "One way Trip" permit from the DMV. On arrival in Fl…
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You need to inform the dealer that you will be buying the car and need it titled in the state you want to register it in. I don't believe that you have to pay another tax, unless you buy it there then take it home and re-register it as if you move.
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only if your surgery is the result of a work related injury. Sorry.
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You probably won't get caught until you have an accident. Then you will discover that all the premiums you paid have just been a gift to the insurance company and you HAVE NO COVERAGE. In addition you could be charged with fraud.
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Absolutely! The insurance company should be sending the lien holder a copy of your policy and if you are not providing full coverage they will either repossess the car or purchase Lender's Single Interest Insurance (very expensive policies) and add the premium to your loan.
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Repossessionalthough it is unlikely they would know about it (unless they called her and she told them) the only way to be completely safe is keep it in your name. They can't lien other property of hers without a judgment and they would have to take her to court to get that. you could draw up a prom…
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Car repossession Bottom line: YES it can. Although many things could factor into this answer, such as, have they given you anything in written form stating the new terms? Have you renegotiated your loan terms? When faced will something or nothing, most creditors are willing to wor…
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Your contract most likely states that the lender can demand payment in full at anytime. This means they can repossess the vehicle after demanding you pay it off. If you are 5 days late, they could repossess it. There is no legal requirement for the lender to wait any amount of time before taking you…
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%DETAILS% To the best of my knowledge there is no limit. This is their way of robbing people and unfortunatly the city usually just wants the car MOVED so they don't crack down on the fees the companies that move the cars charge. The finance company that has it repo'd pays them to tow it and all…
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Okay folks, I am a driver of a repo truck in South Florida. I do not own the company, I just drive for them and yes, I very much enjoy what I do. I do not consider myself a scumbag, nor am I rude, demeaning or disrespectful to debtors, I go out of my way to be polite and courteous to them as possibl…
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This answer is for the last statement. I don't believe you have to turn the car over. They signed you up for a UNSECURED loan. Which means they required no collatoral. They want you to take the title down and add them as leinholder since they found out you bought a car with it. That way they have ev…
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Erin, congratulations on NOT wanting to get involved in a repo. Sell it to a lender?? PORBABLY NOT. Lenders want money NOT cars. But, you DO want to sell it if possible. Try to find a buyer at the highest possible price. Lets say your payoff is 10K and your best offer is 7 K. $3000 difference. BORRO…
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%DETAILS% Paul, as long as there is a lien on the car, it CAN be repossessed. It is up to the lender whether they want to repo or not. Some will, some wont. Your lender can seel the loan to another co. at a discount and the new lender could decide to repo. Good Luck   YES THEY CAN...But do…
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The truck was sold by the bank at auction, they then sent us a bill for $5,600.00!!!! This was the balnce of the loan apparently, **NO this is the balance due AFTER deducting what it sold for at auction.and they auctioned the truck for far below it's worth.**REALLY, how much is /was it worth? It wa…
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Brand, You COULDNT trade so you bought 2 more vehicles?? Is that correct?? IF so, you BEST move would be to sell the upside down car and put whatever you have to with what you get from selling to PAYOFF the loan. Sounds dumb huh? That is the CHEAPEST way out and keep good credit. Anything else will …
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Robert, read the contract where it mentions DEFAULT. Default is not JUST making payments on time. It usually covers having the required ins., NOT using the car in an illegal manner. Whenever you are in default, the lender can repo. YES, it can be repoed from the impound. On an involuntary tow, the i…
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In most cases YES. You should talk to an attorney in your area for state specific advice.Yes, if the lender obtains a judgment for the deficiency.
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SK, the normal procedure in most states for storage charges is to notify the owner and leinholder by certified mail return reciept within 5 days of possession. My state has a maximum of 70 days storage you can collect. You better look up your state laws and get to mailing something. You cant expect …
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Me, I started to ask you how you managed to buy a car, but that's not relative now. I would think it will be extremely hard to accomplish. Good Luck   It is not uncommon for people to be able to finance and afford a car when they sign a contract, and later to experience sudden unemployment,…
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%REPLIES% Answer Your sister can call the LENDER and they will be glad to tell her. Soooo simple. they wont tell you because of the PRIVACY LAWS. Answer Actually, it will depend on the state that she lives in. Repossesions have to reported to local law enforcement in a timely matter. So if…
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Depends more on HOW MUCH YOU OWE. If they sell the contract, the buyer probably will because they have more to gain.   90 percent no. I drove a car for 2 years that was wanted for repossession. They didn't get the car until I totaled the car in an accident, then called the finance crooks and …
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Well after I got my car repoed it took me till Oct of the same yr to pay the lender off with a new charge off amount repoed in April 2003 paid in full Oct 2003 on my Credit Report it shows as a charge off. I paid it off in 6 months I refinanced my home to pay off he difference. In between time I had…
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%FOLLOWUPS% As long as the 450.00 is in DEFAULT, it can be repoed.
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The debt is NOT forgiven. See link below. ArizonaRevisedStatutes
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Most loan contracts have a 'right to accelerate the balance due" clause to cover the LENDER if they don't think the signors can make the payments in a timely manner. This is very true, however if you ever find yourself unable to make the full payment on anything, the best thing to do is contact yo…
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K, you can deliver the car to the lender OR you can look at it. There is a reason WHY they wont pick it up. Does it run? Is it wrecked? Is it worth P/U? I suspect it is NOT. Whatever happens , you WILL pay the balance. Your best option is to make some kind of payment arrangements with the lender. La…
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In most states YES, sooner in some than others. Why do you think you can drive for free? Do what you wish, but it will COST you more money this way.
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I could be wrong here, but my feeling is that it is GONE. Why, it was part of the total deal just as if you had payed that much CASH down. It will be used up in the balance owed. You cant sign a contract, drive for a while and then say "I changed my mind, lets put everything back like it was." The d…
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The person who wrote below did a good job in citing the property code but obviously doesn't know how the courts have answered the question. And the answer is yes, yes and yes. answer in short?? NO, NO, and still NOhttp://www.capitol.state.tx.us/statutes/statutes.html TX statutes in general http://ww…
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Edward, this could get sticky. It depends on a lot of factors; what state you are in,did you sign a contract,are/were you in default of any contract, ect. Most states have a period for reinstatement of a contract(5-20 days) b4 the collateral can be resold. BUT, you have to pay the account current to…
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That would be a good question to ask your B/K attorney. You have paid her/him so let them earn some of it. If that's not possible, get another attorney to send them a letter. BUT, did you include the lender in the B/K? The lender will have to have some reason to want to do so. Good Luck
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Will, that's usually the case. Then you pay the difference owed.
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%DETAILS% Answer kim, I looked for 10 mins, best I could find is their portfolio bought out in 1998 by "Norwest Financial Inc. agreed to acquire about $375 million in sales finance auto contracts from SunStar Acceptance Corp. The approximate 46,000 acquired accounts will be managed by Communit…
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YES, after they get a judgment for the amount still owing on the contract. That amount can be applied as a lien against other property you own.
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%FOLLOWUPS% http://www.pacode.com/secure/search_results.asp?greg, check these links. It doesnt appear that you can do what you want w/o having a biz license. Just to remove the car, have the property owner call a wrecker service to tow it away. That will get it moved. The wrecker service WILL hav…
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YES, IF-IF-IF you can pay the loan off. The lender will have to be involved in the sale to get the paperwork done.Lenders will NOT release the title until the loan is paid in full. Dont get yourself in a mess trying to do it alone. Find out from the lender what the payoff is and then make sure you h…
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7 yrs AFTER the date of the judgment, fed law requires the judgment to be removed from your credit file.
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Bobby, look at your contract. It likely covers what fees they can charge. The repoman charged the bank, the bank charged you. It all went on your account. The repoman had to get paid for coming to your house, right? We dont work for free.
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Likely its on your paperwork. In MS. its 3 days. Its in 14 pt letters in red here.
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IF they follow the laws of your state, YES. A repo is a repo is a repo. they may also be able(and more likely if you have a job)to garnish your wages. NEGOTIATE with them, they would much rather have money than the car. TRY to sell the car. Good Luck
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Andrea, it is NOT impossible, just VERY difficult to buy a home after a repo. MORE DP and HIGHER interest rates are common. Same with a car. You may not get exactly what you want cause the lender and seller knows you are not in the best shape financially. Balance due on the repoed car?? Well, the le…
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How hard is it to find out if they REALLY filed a lawsuit?? Call the court clerk and ask. Sounds like you need an attorney quick.
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Greg, the lien was put on the car as part of an agreement between you and the LENDER. You cannot change that agreement without the permission of the LENDER. That agreement was dependant on YOUR credit rating and can only be tranfered to someone with equal credit and the lenders acceptance. Call the …
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http://www.loanofficersuccess.com/newsletter/10_9_03tips.htmPerhaps because, like Texas, these states severely restrict one of a creditor's most effective tools -- wage garnishment. Texas bans wage attachments except for child support, and the Carolinas have similarly strict laws.In addition, Texas …
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Who cares? Let the lender repo it, then sue 'em. File charges for stealing the car. Really, why would a lender even think they can repo a car that they have NO security interest in? especially if they never loaned any money on the car?
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IF you will be filing WITH an attorney, the attorney will do the filing. ler her/him do their job.
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Looks like 2 choices here..they made a mistake and listed the wrong account OR they have more faith that they CAN and will repo it than you do...LOL
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%DETAILS% IF you can find a BUYER, negotiate with the lender to complete the sale. The "no leinholder" part on the title wont fly if you try to do the sale. It IS recorded with the DMV.   I don't think that it is recorded at the DMV, the vehicle was paid for by check to the dealership thro…
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Ill answer this in parts. Mechanic repo? YES Private property? YES No signed work order? ORAL contracts are legal too Non- payment? why else would he be "repoing"?? You need to make a deal of some sort, namely PAYMENT
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NONE, the lender will take care of it
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YES, a lender can get a judgment for the balance owing on a loan after repo.
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best time to think of this is BEFORE the car is purchased and before they drive away. Get a lien on the car somehow. get a key made to it after you get the lien on it. Email me if its not to late and they have the car already.
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Yes. That means in the event you try and sell your home, any monies received from the home their portion is given to them first. YES, IF the lender has a JUDGMENT against you.
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http://www.pacode.com/secure/search.asp search the PA code vol. will make no difference
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You have options. You can hire someone to find and repo the car. You can do it yourself. Not enough facts to give a very dtailed answer. Email me if you wish.
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GeorgiaTITLE STATE: Yes SECURITY INTERESTS: Shown on title held by lien holder. LICENSE REGISTRATION: Georgia Motor Vehicle Division, 270 Washington Street, Atlanta, Georgia 30334. Tel: (404)362-6500. RECOVERY REQUIREMENT: As per UCC, repossession allowed without committing a breach of the peace. DO…
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You certainly can. Its illegal NOT to let you get your PP. There will be a charge for inventory and staorage of iy.
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sad but TRUE, it sho DO.
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The only one who can "repossess" IS one who has a lein. NO Lein, NO repo. No Lein, NO CO-SIGNOR.
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3 or 4 options.1. Pay it off completely after it is sold and the lender tells you "PAY US NOW".2. tell Lender you are financially embarrassed and will pay it in installments. (IF you would do that, you would pay them now and not get repoed)3. Pay the lender what you can IF they agree to it.4. Wait u…
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http://www.lrc.state.ky.us/KRS/426-00/005.PDF according to this state law, YES.
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YES. IF they couldnt, everyone would move to FLA. to let their car go back.. Good Try but NO candy ...
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You will have to pay the balance due after the sale. A creditor who has a valid security interest in a vehicle may repossess the vehicle without notice to the debtor where the underlying debt, an installment contract, has been discharged in bankruptcy and the debtor has not reaffirmed the installme…
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IF there is a perfected security interest for a loan that your car is collateral for, YES it can be repoed, in FLORIDA or California. Try UCC-1 filing for perfecting a security interest.
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MISSING PP??? Call an attorney in your city for state specific advice. They CANT keep your PP. That's illegal.
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%DETAILS% Answer They will likely be by to pick it up soon. They are giving you every oportunity to catch up the payments(they REALLY dont want the car back, they want the money).
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two choices here. they have the VIN mixed up with yours OR they have purchased the loan contract from the original lender. Contact the lender and find out.
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You need to sue the borrower in court. You need to satisfy the court that the funds were a loan and not a gift and that the funds were not paid back. The defendant will have the opportunity to answer the charges, usually by claiming first that the funds were a gift, and if the court determines there…
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VERY likely, YES. Type of repo doesnt matter. Read your contract as to what states laws goven collection activities. The l2 links below will give you more info.http://www.georgia.gov/00/home/0,2125,4802,00.htmlhttp://www.weblocator.com/attorney/fl/law/conspro.html
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The person doing the actual repossession has to be where the car is. Either YOU go to Kansas or hire someone in Kansas to do the dirty job and you go pick it up. Email me if you need more info. BTW, repoing ain't cheap. Expect to pay $500.00 and up PLUS transport if needed.
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Dont think you got away slick just yet. If they have gotten the judgement, you will pay or hide your money for a loooong time. If they didnt repo the car, what is it worth? you can drive it if it runs, just cant sell it.
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YES, as long as the car is collateral for a loan, they can repo it.
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YES, who spread that rumor? LOL   Texas is a no garnishment state. Therefore they cannot garnish your wages for any reason.
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If it shows on your CR, it will effect how lenders extend credit to you.
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First option is work strictly for CASH. Cant garnishee what they cant see. Oregon laws are here and here
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illegally repossessed??? Sounds more like dumbly sold. You should call a local attorney for state spectic advice.The seller should either be listed on the title as LEINHOLDER OR have a perfected security interest(UCC filing). If neither of these, things get shaky. Maybe that's why the seller wants …
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Thats a VERY general question. You should contact a local attorney for state specific advice.
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If "one" went to the trouble to be listed as leinholder, why didnt "one" take time to write up some sort of agreement? http://www.ncleg.net/Statutes/GeneralStatutes/HTML/BySection/Chapter_25/GS_25-9-609.html ยง 25-9-609. Secured party's right to take possession after default. (a)Possession; renderin…
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"both" the bank and repo man?? NOT that I am aware of.retaking, REPO??? usually charged by lender storage, USUALLY charged by repo co. repair (NOT normally done), sales expenses WHAT did who "SELL"??? READ YOUR CONTRACT. It should govern what you pay to whom.
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%REPLIES% Answer NOT that I know of. call a local attorney for state specific advice. Answer It's not a threat. Just a warning that IF YOU FORCE THEM TO APPLY FOR A WRIT OF REPLEVNA by refusing to surrender the car, you WILL BE ARRESTED. Answer No! Creditors and/or their representati…
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NOT legal if your EX's name was NOT on the loan. Call a local attorney for specific advice.
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Think about it, the car was NOT in their possession, so how can they report it stolen? They cant. Its a CIVIL matter NOT criminal.
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there are PRIMARY liens and SECONDARY liens. Like first come-first served, goes by DATE of lien. READ YOUR CONTRACT. You were NOT as slick as you thot you were.
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The "law" is in the CONTRACT you signed. It likely says when you are in DEFAULT, the lender can repossess. that equals ONE day.
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They can ONLY take 25% of your disposable income.
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turning over the title is NOT the only way to record a lien on your car. IF the lender did it correctly, YES, it can be repoed.
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Is it too late to record the lein??Assuming the "owner" has not applied for a replacement title and had a lein recorded on the replacement title through the DMV, then yes.
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Unless they change the laws, YES they will.
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How many days I havent located yet. I dont know of any state that requires of more than 30 days waiting time before the lender can dispose of the repoed collateral. STORAGE??? FROM DAY ONE. http://www.moga.state.mo.us/statutes/C400-499/4080000554.HTM Notice of default, contents, form, delivery. 408.…
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