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When a provision of law requires that repossession takes place, the lien holder has a non-delegatable obligation not to cause a breach of the peace (which is synonymous with disturbing the peace) in performing the repossession or the repossession will be reversed, and the party ordering the repossession will be liable for damages (or the lienholder will be held responsible).
Nevertheless, in an illiquid real estate market or if real estate prices drop, the property being foreclosed could be sold for less than the remaining balance on the primary mortgage loan, and there may be no insurance to cover the loss. In this case, the court overseeing the foreclosure process may enter a deficiency judgment against the ...
Debtor facing eviction, foreclosure, or repossession notice; Pattern of pro se debtors with identical paperwork form, style, and general content [jargon] Pattern of complaints from mortgagees or landlords; Debtors or others being solicited by petition mills that stress stopping evictions, etc.
The Consumer Financial Protection Bureau (CFPB) is an independent agency of the United States government responsible for consumer protection in the financial sector.CFPB's jurisdiction includes banks, credit unions, securities firms, payday lenders, mortgage-servicing operations, foreclosure relief services, debt collectors, for-profit colleges, and other financial companies operating in the ...
A common example is where an automobile finance company initiates a replevin action to gain possession of a vehicle, following payment default. Replevin actions are usually employed when the lender cannot find the collateral, or cannot peacefully obtain it through self-help repossession. Replevin actions may also be pursued by true owners of ...
Real estate mobbing, also known as property mobbing, is the use of mobbing (group bullying) techniques by real estate speculators to constructively or forcibly evict a resident from their dwelling. The United Nations has recognized real estate mobbing as a worldwide cause of forced eviction. [ 19 ]