If you’ve taken out a loan secured by a piece of property, the owner of your debt can repossess this property in the event that you default on the loan. This repossession process, however, must follow specific rules.
Failure to adhere to these rules on the part of the creditor will result in a “wrongful repossession.” As the victim of a wrongful repossession, you might be able to get your property back.
There are two forms of wrongful repossession:
When the creditor doesn’t have the right to repossess the property
It’s not unheard of for a repossession to occur in a way that violates a loan agreement.
By reviewing the terms of the loan, you can determine the exact circumstances under which a creditor is actually entitled to make a repossession. Based on your payment history and the rules that govern repossession, an attorney can determine whether the rules were violated and a wrongful repossession has occurred.
The creditor didn’t follow the appropriate procedure
Even in cases where the creditor has the legal right to repossess something, a creditor still has to follow repossession laws.
For example, sometimes the creditor needs to provide the borrower with the chance to get back up to date on the loan. Also, as we mentioned in a previous blog post, creditors are not allowed to “breach the peace” when repossessing a piece of property. (In other words, the creditor’s agents cannot physically break into your home to repossess something.) A violation in the law can entitle you to relief.
If you suspect that your property was repossessed by your lender unlawfully, learn more about Minnesota repossession laws by visiting our website. Our legal team is available to discuss your situation and advise you of your legal rights and options.