Repossession

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Repossession is generally used to refer to a financial institution taking back an object that was either used as collateral or rented or leased in a transaction. This is usually done in accordance with a purchase contract or credit contract, in which the consumer agrees that the seller may repossess the object if the signers are past the grace period (generally for prime lenders the critical number is 30 days late making an installment payment but can vary based on how many payments have already been made, the length of the business relationship, reason why past due, etc.) Contracts that authorize repossession also usually specify additional fines that the consumer must pay to the seller, ostensibly to cover the seller's costs of the repossession and of depreciated value of the object, as the seller is now in possession of a "used" object. Generally lending institutions never want to repossess because the items sold at a wholesale auction and were financed at retail price, hence, a loss is virtually guaranteed. However, the statisticians and accountants have determined that any loan which goes beyond 90 days past due will never again become "current"(up to date on payments) and the collateral continues to depreciate.

Repossession is a complicated and legally fraught matter, with legality being determined by widely varying local and state laws. In some jurisdictions, such as the United States, a consumer may avoid repossession of some of his property by declaring personal bankruptcy, throwing his financial arrangements on the mercy of a court, which will usually prevent the consumer's house and, sometimes, his car from being repossessed. Both repossession and bankruptcy are significant negative events on a consumer's credit report.

If a lender finds itself in the situation of needing to repossess property while the borrower attempts to avoid this, the dealer may contract the work of repossession out to a repossession agent (colloquially termed a Repo Man, as fictionally portrayed in the film of the same name). Agents appointed by the courts are called bailiffs.

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