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?

Related Topics:
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
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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.