Affidavit Of Repossession

The affidavit of repossession is the official document in which the written declaration of repossessing a vehicle is actually made under oath or sworn before somebody legally authorized to administer oath.

If the car was bought based on a loan from the bank and now the borrower can no longer support the monthly payment to the bank, the creditor is entitled by law and contract to claim the car, the good that the money was actually lent for. Most of the times the person who resorts to making a loan in order to buy the vehicle is not the true owner of that vehicle until the last payment to the bank has been carried out. Until then, if payment is overdue one day only, the creditor may be entitled to repossess the vehicle you have purchased with the lent money. That is why it is of utmost importance to carefully read the contract you sign before making the loan and clearly understand all the conditions and the details regarding the loan you want to make. It is just as important to read the small font clauses of the contract as those are the ones that may specify under what conditions repossession may occur. Like this you can weigh the positive and the negative and decide if the loan is actually worth it.

If repossession however takes place, it is again very important for the borrower to know his obligations and his rights. If the car is claimed by the creditor, then there should be an affidavit of repossession which is to contain data as to how the vehicle will be taken back by the lien holder. This detail about the procedure of repossession will be known by the borrower, also called defaulting owner, especially if the car is voluntarily repossessed, that meaning that the defaulting owner decides by himself to return the car to the creditor as meeting the due payments is no longer possible.

In the affidavit of repossession the lien holder declares that he has taken back the good based on the borrower’s not respecting the payment deadlines and the signed contract. He also declares having informed the borrower about selling the vehicle and the date of the auction. The affidavit of repossession also states that there is no legal suit pending as the affidavit is filled out. It also requires filling out the name and address of the defaulting owner, details about the vehicle that has been repossessed, amount of lien, name and address of lien holder, etc. This declaration is to be written and approved first by a notary public otherwise it is not valid.

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