Califonria Repo Laws

mtnair · 01-01-2007, 01:28 PM

Does anyone one know abt Calif. Repo laws?

DS was having problems making van pymts last Aug. He went in to B of A, and tried to make partial pymt (in Aug). Was told that it had gone to a special dept., they asked him to wait, but he left.

He got strange phone messages at my house, and a few of his friends homes (someone was trying to locate him). Never received anything in the mail.

He just recently got another auto, yes he has been driving van since aug. And he wants to turn van into the bank. What procedures does the bank need to follow?

Pale Rider · 01-01-2007, 01:45 PM

http://www.repo.org/WebFront/statereq.html#california

http://www.lawdog.com/states/ca/sta1.htm

The California UCC should spell out the proper procedures that must be followed.

http://www.leginfo.ca.gov/cgi-bin/wa...ction=retrieve

http://www.leginfo.ca.gov/cgi-bin/ca...pter+9&hits=20

mtnair · 01-02-2007, 12:43 PM

Thanks Pale Rider. From what I've read, after the repo they have to send a letter and the letter has to have specific things in it.

mtnair · 03-18-2007, 12:55 PM

DS called BofA and told them where his van was parked. January 11th they picked it up.

Friday he got a Explanation of Deficiency or Surplus from BofA.

They are wanting just over 4K

In the body of the letter it mentions in bold print "This is an attempt to collect a debt. Any information obtained will be used for that purpose."
It also mentions to contact BofA immediately at the phone number listed above (there is no phone number listed above, although there is one listed below.)

He also lives in Calif., where OCs are treated the same as CAs.

According to what I have read they were suppose to send a notice to him on when the sale was. He never received such a notice.

Any ideas? I was thinking that he should respond with a letter asking about that notice, sent CMRRR

Pale Rider · 03-18-2007, 11:00 PM

Yes, they are supossed to notify about sale and give the person a chance to redeem the vehicle before auction.

Read this carefully along with state UCC governing repos.

http://whychat.5u.com/repoltr.html

jlynn · 03-19-2007, 10:24 AM

Do the rules change when its voluntary?

Pale Rider · 03-19-2007, 08:38 PM

That is a damn good question. I haven't seen anything that would make a difference in how a volutary repo was treated. I did come across a board that stated calling them to come get it is not voluntary. Not sure if that is true, but it sounds logical.

http://www.thelaw.com/forums/showthread.php?t=1246

http://www.fair-debt-collection.com/...ossession.html

mtnair · 03-19-2007, 09:02 PM

If you notice from my first post last payment was June or July of last year, he tried to make a payment in Aug.