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Can a private lienholder on the pink slip without a repo license repossess a car in California when the registered owner has defaulted?


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2015-07-15 18:47:01
2015-07-15 18:47:01

YES. http://www.leginfo.ca.gov/cgi-bin/displaycode?section=bpc&group=07001-08000&file=7500-7500.3 7500.3. A repossession agency shall not include any of the following:

(d) The legal owner of collateral which is subject to a security agreement.

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No. The lienholder is the only entity with a right to repossess.

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That is the only way you can repossess a vehicle. Repossession comes under the UCC which grants a lienholder the right to repossess but only if they have perfected their lien by filing it on the title. One caveate is in most states the lienholder can not repossess a vehicle that is under a mechanic's lien without first paying that lien.

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If you don't have a "contract", you aren't a leinholder. A lienholder must have a contract and have filed the notice with the county recorders office and the title must state you as the leinholder. If the person is named on a title as a lien holder he or she has the legal option of repossessing the vehicle as it is determined by the laws of the state where the vehicle is registered.

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As long as the bank is listed as the lienholder on the title and as long as you owe them money and haven't paid they can repossess the car.


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