Creditor's Rights, Law Firms and Secured Creditor

How Can a Secured Creditor Repossess Collateral Without Breaching the Peace?

Jimerson Firm

NOVEMBER 16, 2020

In the event the borrower defaults, usually by failing to make loan payments, a secured creditor has a right to take possession of the collateral. The quickest and cheapest way for a secured creditor to take possession of the collateral is by self-help repossession. 679.609, Fla. Northside Motors of Fla.,

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SBA Loans: How to Maximize Recovery by Liquidating Personal Property

Jimerson Firm

NOVEMBER 23, 2020

Self-Help Repossession: In Florida, a secured creditor may use self-help repossession to take possession of collateral, provided its efforts do not breach the peace. Florida case law provides that a breach of the peace occurs if the secured creditor enters the debtor’s land to repossess the collateral, without the debtor’s consent.

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How Can a Secured Creditor Repossess Collateral Without Breaching the Peace?

SBA Loans: How to Maximize Recovery by Liquidating Personal Property

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