Legal Question in Business Law in Florida
automobile repossesion
If I traded in my financed car and the car dealer declares bankruptcy can the bank that finanaced the traded car reposses the new car that is financed by a different bank?
2 Answers from Attorneys
Re: automobile repossesion
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Probably not based on the set of facts you presented but I would not be surprised to find that you have not included all pertinent facts. The original lender has a secured interest against the first car and a promise to pay by you. If you fail to pay, they can repossess the first car and you remain liable for any deficiency.
Scott R. Jay, Esq.
Re: automobile repossesion
The secured creditor can repo the car in which it has a security interest.
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