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#352903 - 04/28/05 06:30 PM NOI --Auto Repo --- State in which Repo occured
MikeD Offline
Junior Member
Joined: Jul 2004
Posts: 30
Los Angeles
Hi, we've been having some NOI issues lately on repos. I can get into the biggies later, but here's my question: Right now, we send the NOI that reflects the state where we repo'd the car, not where the contract was originated. Now, my repo manager is wondering if that's right, and I said it was, but his questioning is making me wonder. Are we right?

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#352904 - 04/29/05 03:23 PM Re: NOI --Auto Repo --- State in which Repo occured
JJohns Offline
Platinum Poster
JJohns
Joined: Jun 2003
Posts: 682
IL
Our general rule of thumb has been to use the last known residence address of record of the debtor to determine which state's post-repo notice to send. For instance, if we had a CA resident and happened to find and pop the car in NV, we would send a CA notice (even if the contract originated somewhere other than CA).
It's a significant enough issue that I'd recommend getting an opinion from an experienced collection/repo attorney.
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#352905 - 04/29/05 03:34 PM Re: NOI --Auto Repo --- State in which Repo occured
rainman Offline
Power Poster
rainman
Joined: Nov 2004
Posts: 3,103
I'm with JJohns on checking with your attorney. Answering this question involves a number of issues, including what your loan documents say. The UCC Article 9 governing law provisions do not apply to enforcement of security interests; only to perfection, non-perfection, priority, etc. Under UCC 1-105 (part of the general UCC provisions that relate to all other articles including Article 9), your loan documents can specify what state's law governs, as long as the transaction bears a relationship to that state. However, some states may have enacted non-standard versions of the UCC or other laws that would "trump" the 1-105 governing law rule in this situation. Your lawyer will need to work through those issues.
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Nobody's perfect, not even a perfect stranger.

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