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Repossession
Repossession, colloquially repo, is a "self-help" type of action, mainly in the United States, in which the party having right of ownership of the property in question takes the property back from the party having right of possession without invoking court proceedings. The property may then be sold by either the financial institution or third party sellers. The extent to which repossession is authorized, and how it may be executed, greatly varies in different jurisdictions (see below). When a lender cannot find the collateral, cannot peacefully obtain it through self-help repossession, or the jurisdiction does not allow self-help repossession, the alternative legal remedy to order the borrower to return the goods (prior to judgment) is replevin. The security interest over the collateral is often known as a lien. The lender/creditor is known as the lienholder. General The existence and handling of repossessions varies greatly between jurisdictions. In most jurisdictions ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Foreclosure
Foreclosure is a legal process in which a lender attempts to recover the balance of a loan from a borrower who has stopped making payments to the lender by forcing the sale of the asset used as the collateral for the loan. Formally, a mortgage lender (mortgagee), or other lienholder, obtains a termination of a mortgage borrower (mortgagor)'s equitable right of redemption, either by court order or by operation of law (after following a specific statutory procedure). Usually a lender obtains a security interest from a borrower who mortgages or pledges an asset like a house to secure the loan. If the borrower defaults and the lender tries to repossess the property, courts of equity can grant the borrower the equitable right of redemption if the borrower repays the debt. While this equitable right exists, it is a cloud on title and the lender cannot be sure that they can repossess the property. Therefore, through the process of foreclosure, the lender seeks to immediatel ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Self-help (law)
Self-help, in the sense of a legal doctrine, refers to individuals' implementation of their rights without resorting to legal writ or consultation of higher authority, as where a financial institution repossesses a car on which they hold both the title and a defaulted note. Individuals resort to self-help when they retrieve property found under the unauthorized control of another person, or simply abate nuisances (as by using sandbags and ditches to protect land from being flooded). A self-help eviction refers to a commercial landlord's common law right to use self-help to reenter his or her property peaceably in order to evict a defaulting tenant or other person with no right of possession. Degrees of limitation The legal system places varying degrees of limitation on self-help, and laws vary widely among different jurisdictions. Often, self-help will be allowed as long as no law is broken, and no breach of the peace occurs (or is likely to occur). Also, the usual limit on lia ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Replevin
Replevin () or claim and delivery (sometimes called revendication) is a legal remedy, which enables a person to recover personal property taken wrongfully or unlawfully, and to obtain compensation for resulting losses. Etymology The word "replevin" is of Anglo-Norman origin and is the noun form of the verb "replevy". This comes from the Old French ''replevir'', derived from ''plevir'' ("to pledge"), which is derived from the Latin ''replegiare'' ("to redeem a thing taken by another"). Nature In ''The Law of Torts'', John Fleming has written: In common law, several types of action existed with respect to deprivation of possession (being subdivided into the wrongful taking of chattels and the unjust detention of them, even where the original taking was lawful): * In the case of wrongful taking: ** A writ of replevin was available only for an unlawful taking in the nature of a wrongful distress, where restitution could be made for the goods wrongfully taken (being in the nature ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Right Of Possession
The right of possession is the right of a person to possession of property. It is a right of a person who currently holds property in hand or under their control to retain such possession, or alternatively for another person who claims superior title or right to possession of the property. There is a legal dictum in law that “ possession is nine-tenths of the law”, meaning that a person in possession is presumed to have a right to such possession unless another person claiming possession proves they have a superior right to it. Examples Several examples have been given of the right of possession: * A business buys a vehicle and obtains financing. The entity purchasing the vehicle becomes the registered owner and has both possession and ''right of possession''. The finance provider would be the lienholder and have a security interest that, upon default, would become a ''right of retention''. If the business that bought the vehicle then rented it to someone, that individua ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nonrecourse Debt
Nonrecourse debt or a nonrecourse loan (sometimes hyphenated as non-recourse) is a secured loan (debt) that is secured by a pledge of collateral, typically real property, but for which the borrower is not personally liable. If the borrower defaults, the lender can seize and sell the collateral, but if the collateral sells for less than the debt, the lender cannot seek that deficiency balance from the borrower—its recovery is limited only to the value of the collateral. Thus, nonrecourse debt is typically limited to 50% or 60% loan-to-value ratios, so that the property itself provides "overcollateralization" of the loan. The incentives for the parties are at an intermediate position between those of a full recourse secured loan and a totally unsecured loan. While the borrower is in first loss position, the lender also assumes significant risk, so the lender must underwrite the loan with much more care than in a full recourse loan. This typically requires that the lender have ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Vehicle Identification Number
A vehicle identification number (VIN) (also called a chassis number or frame number) is a unique code, including a serial number, used by the automotive industry to identify individual motor vehicles, towed vehicles, motorcycles, scooters and mopeds, as defined by the International Organization for Standardization in ISO 3779 (content and structure) and ISO 4030 (location and attachment). There are vehicle history services in several countries that help potential car owners use VINs to find vehicles that are defective or have been written off. History of the bodywork number VINs were first used in 1954 in the United States. From 1954 to 1981, there was no accepted standard for these numbers, so different manufacturers used different formats. In 1981, the National Highway Traffic Safety Administration of the United States standardized the format. It required all on-road vehicles sold to contain a 17-character VIN, which does not include the letters O (o), I (i), and Q ( ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Contributory Negligence
In some common law jurisdictions, contributory negligence is a defense to a tort claim based on negligence. If it is available, the defense completely bars plaintiffs from any recovery if they contribute to their own injury through their own negligence. Because the contributory negligence doctrine can lead to harsh results, many common law jurisdictions have abolished it in favor of a "comparative fault" or "comparative negligence" approach. A comparative negligence approach reduces the plaintiff's damages award by the percentage of fault that the fact-finder assigns to the plaintiff for his or her own injury. For example, if a jury thinks that the plaintiff is 30% at fault for his own injury, the plaintiff's damages award will be reduced by 30%. History The doctrine of contributory negligence was dominant in U.S. jurisprudence in the 19th and 20th century. The English case Butterfield v. Forrester is generally recognized as the first appearance, although in this case the jud ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Market Value
Market value or OMV (Open Market Valuation) is the price at which an asset would trade in a competitive auction setting. Market value is often used interchangeably with ''open market value'', '' fair value'' or ''fair market value'', although these terms have distinct definitions in different standards, and differ in some circumstances. Definition International Valuation Standards defines market value as "the estimated amount for which a property should exchange on the date of valuation between a willing buyer and a willing seller in an arm’s-length transaction after proper marketing wherein the parties had each acted knowledgeably, prudently, and without compulsion". Market value is a concept distinct from market price, which is "the price at which one can transact", while market value is "the true underlying value" according to theoretical standards. The concept is most commonly invoked in inefficient markets or disequilibrium situations where prevailing market prices ar ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Kelley Blue Book
Kelley Blue Book is an Irvine, California-based vehicle valuation and automotive research company that is recognized by both consumers and the automotive industry. The company is owned by the Cox Automotive subsidiary of Cox Enterprises. History The company began as the Kelley Kar Company founded by Les Kelley in 1918. Kelley started the company with three Model T Fords. His younger brother, Buster, worked with Kelley as a lot boy. By using data collected from the dealership, Kelley published the company’s first Blue Book in 1926, which became a standard guide in automotive trade in determining car value. Kelley Blue Book was formed in 1926, and the Kelley family continued its dealership business in Southern California for several decades. By the 1960s, the company moved from a car dealership to a specialty publisher and focused on the production of its automobile price guide. Kelley Blue Book guide became the first publication to use mileage to determine a car's value. In ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Council Of Mortgage Lenders
The Council of Mortgage Lenders was an industry body representing mortgage lenders in the United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and .... Its members consisted of banks, building societies and specialist lenders and represented 95% of mortgage lending in the UK. In November 2015 it was confirmed that the Council of Mortgage Lenders would be merged with the British Bankers' Association, Payments UK, the UK Cards Association and the Asset Based Finance Association, following a review into financial trade bodies. It became part of the newly established UK Finance in July 2017. References External links * Mortgage industry of the United Kingdom Housing in the United Kingdom Business organisations based in the United Kingdom Mortgage industry associatio ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Real Estate
Real estate is property consisting of land and the buildings on it, along with its natural resources such as crops, minerals or water; immovable property of this nature; an interest vested in this (also) an item of real property, (more generally) buildings or housing in general."Real estate": Oxford English Dictionary online: Retrieved September 18, 2011 In terms of law, ''real'' is in relation to land property and is different from personal property while ''estate'' means the "interest" a person has in that land property. Real estate is different from personal property, which is not permanently attached to the land, such as vehicles, boats, jewelry, furniture, tools and the rolling stock of a farm. In the United States, the transfer, owning, or acquisition of real estate can be through business corporations, individuals, nonprofit corporations, fiduciaries, or any legal entity as seen within the law of each U.S. state. History of real estate The natural right of a perso ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tow Truck
A tow truck (also called a wrecker, a breakdown truck, recovery vehicle or a breakdown lorry) is a truck used to move disabled, improperly parked, impounded, or otherwise indisposed motor vehicles. This may involve recovering a vehicle damaged in an accident, returning one to a drivable surface in a mishap or inclement weather, or towing or transporting one via flatbed to a repair shop or other location. A tow truck is distinct from a car carrier trailer, which is used to move multiple new or used vehicles simultaneously in routine transport operations. History Ferdinand Porsche of Austro-Daimler developed an artillery tractor for the Austro-Hungarian army in 1908, the M 08. One of the batch was constructed as a recovery vehicle for the others, with a large winch on the rear platform. The wrecker (with lifting jib) was invented in 1916 by Ernest Holmes Sr. of Chattanooga, Tennessee, a garage worker who was inspired after he needed blocks, ropes, and six men to pull a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
