Cars & Vehicles
Repossession
Civil Lawsuits
Kansas

Is a lender in Missouri required to send the borrower a Notice of Right to Cure before repossession action?

345

Top Answer
User Avatar
Wiki User
Answered
2010-08-07 22:42:51
2010-08-07 22:42:51

No, Missouri has no laws that require the creditor to notify the debtor that a vehicle is subject to repossession.

The lender can have the vehicle repossessed without notice as long as the repossession does not commit a breach of peace as defined by the laws in the jurisdiction where the vehicle is seized.

ADDED: While the above answer may have been correct at the time it was written - it is no longer applicable.

Quote: "As per the UCC, repossession is allowed and permitted as long as it is peaceful, after a Twenty Day Right To Cure Letter from lienholder to debtor. One time cure law in effect in Missouri; all others per contractual agreement." unquote

See below link:

001
๐Ÿ˜‚
0
๐ŸŽƒ
0
๐Ÿคจ
0
๐Ÿ˜ฎ
0
User Avatar

Related Questions


Under California law, a creditor can repossess the vehicle if it is in default without notice, even if the car payment is one day late. However, if there is a co-borrower on the loan, the creditor is required to give notice before repossession.


Florida allow repossession by UCC regulations, a right to cure notice or replevin order is not required and the vehicle may be recovered by a licensed agent as long as it is done without a breach of peace. The county recorder must be notified of the repossession action and the plates remain with the borrower.


Repossession without judicial process is allowed if the lender has not breached peace. A lender repossessing an automobile must issue a notice to the borrower, and a lender can sell an item via public auction after repossession.


In a few states both the primary borrower and the cosigner must be notified by the lender through a "Right To Cure" notice before repossession action can occur. In Wisconsin a replevin order is necessary before a repossession can take place, but the cosigner is not always notified. In the majority of states the lender does not need to give either the primary or the cosigner notice of repossession action.


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. 408.554. 1. After a borrower has been in default for ten days for failure to make a required payment and has not voluntarily surrendered possession of the collateral, a lender may give the borrower and all cosigners on the credit transaction the notice described in this section. A lender gives notice to the borrower and cosigners under this section when he delivers the notice to the borrower or cosigner or mails the notice to him at his last known address. 5. In the case of a second default on the same loan made pursuant to section 408.100 or on the same retail time transaction as defined in section 408.250 or in the case of a third default on the same second mortgage loan as defined in section 408.231, the notice described in subsection 2 of this section shall indicate that in the case of further default, the borrower will have no right to cure.


Repossession letters are not required in every state. In some states, face to face notification of the repossession suffices, and when the driver came to hook up your car, if you had a conversation with him at all (even if it consisted of you yelling "Hey!" and him gesturing to you) you received notice.


A "repossession notice" is a civil matter. A police oficer cannot hold the vehicle for repossession. Unless, there has been a court proceeding and the judge has ordered the vehicle held if stopped. A repossession notice also cannot stop the registration of a vehicle.


The most common type of repossession notice when a person has not been making loan payments for a car or truck. If the lender does not receive payments, the vehicle may be towed away.


It depends on the repossession laws of the state where the car was purchased. In some states the lender is required to send the borrower a notice of "cure and remand" before repossession can occur but not before a lawsuit can be initiated. Generally a lender will send such a letter in the hopes of avoiding litigation which is time consuming and often expensive for everyone involved.


There is no specific time limit for a repossession in Florida. Florida law does not require a creditor to give notice before starting a repossession.


No. The contract you signed when you financed the car gave you the terms and conditions which had to be met in order for you to retain your vehicle - that's your notice, right there. Creditors and repossession agents tend not to give notice, largely because debtors have been known to try to hide vehicles or evade repossession by other methods.


There are no such lists available to the public. The repossession agent is allowed to recover the vehicle at the original lender's request. In some states notice is required and/or a replevin order from the court.


Not in most states, in a very few the lender must notify the borrower with a letter of intent to repossess and give the borrower a specified time as established by state law to bring the account current. Wisconsin is the only state that requires a replevin order to recover a vehicle. All other states operate under the UCC and the repossession laws (breach of peace laws, recovery agency requirements such as bonding, etc.) related to the area in which the vehicle is being recovered. The recovery agent/agency is required to notify the law enforcement agency that has jurisdiction in the are where the vehicle is being seized.


REPOSSESSION CHECKLIST 1. Is the account 10 days or more past due? If not, you have to wait until it is before you can proceed. 2. If the account is 10 days or more past due, have you sent the NOTICE OF DEFAULT & RIGHT TO CURE? If not, you must send it before you can proceed. 3. Did the NOTICE OF DEFAULT & RIGHT TO CURE give the customer at least 20 days to cure the default? If not, you have to send the borrower one that does before you can proceed. 4. Did the customer cure the default by paying the account up to date? If so, and the account is again at least 10 days delinquent, you will have to send a SECOND NOTICE OF DEFAULT & RIGHT TO CURE, and give the customer 20 days to cure the default before you can proceed. 5. If you sent the SECOND NOTICE OF DEFAULT & RIGHT TO CURE, did it again give the customer 20 days to cure the default, and did it have the required additional language? If not, you have to send the borrower one that does before you can proceed. 6. After you repossessed the collateral, did you send the customer the NOTICE OF OUR PLAN TO SELL PROPERTY? 7. If you sent the NOTICE OF OUR PLAN TO SELL PROPERTY, did you give the customer at least 10 days to redeem the collateral? If not, you have to send the borrower one that does before you can proceed. 8. Was the sale handled in a commercially reasonable manner, e.g., advertising for bids, contacting various dealers, etc.? 9. Does the file contain complete information concerning the sale, include at the very least the nature of the sale (private or auction), the price obtained for the collateral, the name of the purchaser, etc.? 10. Does the file contain receipts for all expenses incurred in the repossession, including the repossession fee, repairs, storage, etc.? 11. If there was a surplus from the sale of the collateral, did you return the excess funds to the customer? 12. If you intend to pursue a deficiency balance, did you send the NOTICE OF SALE AND POSSIBLE DEFICIENCY?




California allows self help repossession as long as there is no breach of the peace. There is no requirement to send a Right to Cure letter unless your specific contract says that one must be sent prior to repossession.


The car company generally has to give you notice before going through with a repossession. Also, they should give you the opportunity to pay the outstanding bill before resorting to a repossession.


The lender does not need to render a "Right To Cure" notice to the borrower when the contract is defaulted. Recovery of the vehicle may take place without judicial process only if it can be accomplished without a breach of peace. In other situations the lender should refer to, Georgia Code, 11-9-503.


Notice is not necessary in all state prior to repossession. In fact it is not necessary in most states. If you have paid current on the loan, and the repossession occurred anyway, this is likely a communication lag between the lender and the repossession company. It happens often. Contact your lender and explain what happened. Be patient and polite--they are not required to return the vehicle. They likely will because they want your money not the car. Ask the lender how you can get your vehicle back. Ask them who has your vehicle, and call that company to explain the vehicle was "wrongfully repossessed" and why. Again, be patient and polite--these people have your car.


Notice of Acceleration means that a Lender/Note Holder has put a Borrower on notice to pay off all amounts due to Lender within a specified timeframe, usually not less than 30 days.


In Pennsylvania, the lender must send a notice of intent to foreclose to the borrower before any foreclosure.


You should get instructions from the court. Generally, you are required to send notice to the last known address and publish a notice in the local newspaper.You should get instructions from the court. Generally, you are required to send notice to the last known address and publish a notice in the local newspaper.You should get instructions from the court. Generally, you are required to send notice to the last known address and publish a notice in the local newspaper.You should get instructions from the court. Generally, you are required to send notice to the last known address and publish a notice in the local newspaper.


depends you should receive a notice in the mail from the lender as to the auction date and place.


The majority of states allow for a repossession as long as there is no "breach of the peace." There are a few states that require a Right to Cure letter being sent out roughly 20 days prior to a repossession. You need to check your state law.



Copyright ยฉ 2020 Multiply Media, LLC. All Rights Reserved. The material on this site can not be reproduced, distributed, transmitted, cached or otherwise used, except with prior written permission of Multiply.