Legal Question in Credit and Debt Law in Mississippi

I have an installment loan agreement with a local bank. The loan has a cosigner along with several cars. The loan officer calls me before I'm 30 days late and tells me to "just bring me one of the vehicles or I'll have to come get one." I am a commissioned salesman for my brothers company and my paychecks are cut whenever he deems necessary. The company is very profitable and my brother,who is also the co-signer is wealthy. I've read my disclosure statement,and I cannot find anything about repossession of any part of the contract or if they can call-in the note at anytime.When can they repo or call in the note? this has been an on-going problem since the contract was signed.What is the law concerning my options? thanks


Asked on 7/22/09, 1:22 pm

1 Answer from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

The property can be involuntarily repossessed only if there is a default. Miss. Code Annot. (2006) Section 75-9-609. Default is whatever the parties agree it to be. Failure to make timely payment may be a default if the contract says something like timely payments being of the essence. If the contract does not say something like this, then being a few days late is possibly not be a default. If the contract addresses overdue installments, the missing an installment date is probably not a default if the subsequent requirements are met. If the contract does not address overdue installments, the court will probably rely on the implied obligations of good faith and fair dealings, and the parties' course of conduct to determine their intent when the agreement was made. If the property is repossessed, the debtor has a right to redeem the property before it is sold. Time and other limitations of redemption rights vary depending on which law governs, e.g. secured transactions, title instrument loans, etc.

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Answered on 7/28/09, 1:11 am


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