Sterling Heights, MI asked in Foreclosure for Michigan

Q: what documents must be presented to repo a camper rv

i am storing a camper for a customer in my mich storage yard. customers daughter states mother has died and missed 2 camper payments. A repo comp wants to take camper, what docs. do i need to see to allow repo comp to take camper?

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2 Lawyer Answers
Brent T. Geers
Brent T. Geers
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: You would need to contact your lawyer to advise you on what your storage contracts say, and your legal rights and obligations here. You do not want to errant, and caught in the middle here between the repo company and the estate.

Ordinarily, though, there should be some court orders available to show you specifying the camper and where it's located.

Michael Zamzow
PREMIUM
Michael Zamzow
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: This answer is very vague although it may read specific. The boundaries of a secured party repossession are generally found in (UCC A9-609):

A secured party (underline that) may take possession (possession is often elected with easily moveable collateral) of the vehicle without judicial process, if it proceeds without breach of the peace (underline "breach of the peace") (by entering the debtors premises).

The agreement with the customer might also have additional boundaries or disclaimers. Your company is a third-party bailor This is something your storage yard should consult with an attorney about, anticipate that this situation will likely arise more frequently in the coming months. Lastly there is nothing stopping a party with an interest in collateral from obtaining the right to possession through the judicial process.

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