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In the event the borrower defaults, usually by failing to make loan payments, a securedcreditor has a right to take possession of the collateral. The quickest and cheapest way for a securedcreditor to take possession of the collateral is by self-help repossession. 679.609, Fla. Northside Motors of Fla.,
Self-Help Repossession: In Florida, a securedcreditor may use self-help repossession to take possession of collateral, provided its efforts do not breach the peace. If a securedcreditor breaches the peace, it may be liable to the debtor for damage done to the debtor or its premises during an unauthorized entry.
Foreclosures in Florida are judicial, meaning the securedcreditor must file a lawsuit. Therefore, even if a mobile home becomes permanently affixed to the land, a foreclosure of the land on which it is attached does not impact valid security interests in the mobile home, nor does it impact the foreclosure.
Secured Debt in Bankruptcy A bankruptcy can discharge your underlying responsibility to pay the debt, but it does not do away with the creditorsrights to the collateral they hold as security. That means that you must continue to pay on most secured debts to keep or hold onto the collateral.
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