Need to Stop Repossession?
Get Help From a Massachusetts Repossession Attorney
Being behind on your home or auto loans is difficult enough without having to deal with repossession. Unfortunately, the two are closely linked. Lenders have the right to repossess a car or loan anytime they want after the debtor defaults (falls behind) on their payments. Most lenders wait a while and give the consumer a chance to remedy the default, but some do not. Act now if you are about to lose your home or car. Call a Massachusetts repossession lawyer!
Glenn F. Russell, Jr. & Associates, P.C. knows your rights during the repossession process. Massachusetts has very specific repossession laws which, if not followed carefully by your lender or the "repo man," could be grounds for your defense. Our repossession lawyer could help you save your car or your home, so call us today.
Massachusetts Repossession Laws
Under Massachusetts General Laws Part III, Chapter 255 § 13J regarding repossession of a home, the law states that "In taking possession the secured creditor… may proceed without hearing only if the default is material and consists of the debtor's failure to make one or more payments as required by the agreement."
However, the law goes on to say that this can only be done "if possession can be obtained without use of force, without a breach of peace and, unless the debtor consents to an entry… without entry upon property owned by, or rented to the debtor."
Similarly, Massachusetts General Laws Part III, Chapter 225B § 20B states the exact same, but about motor vehicle repossessions instead of real estate repossessions.
How to Stop Repossession
Your lender or bank cannot follow through with the repossession of your home or car if the process involves trespassing on property that you own (your home or vehicle do not count if they are the property being repossessed, because you do not own them).
For example, if a "repo man" comes to pick up your car, but it is parked in your garage, he cannot trespass on your property to access the vehicle and therefore may not take your car away. Your lender also cannot go through with the repossession if it disrupts the peace (such as starting an argument) or involves force (such as pushing, shoving, or threats). If any of this has occurred during the repossession of your home or car, you may have grounds to stop the repossession.
You can also stop repossession by negotiating with your lender. With help from a repossession attorney, you can speak with your lender and agree upon a loan modification or a settlement that works in your favor by either allowing you to keep your home or car, or by reducing your losses.
Call Glenn F. Russell, Jr. & Associates, P.C. Today
Our firm is prepared to fight for your rights. We will work hard to prevent your home or vehicle from being taken from you. Call us today to discuss your situation through an initial consultation. The sooner you hire a lawyer from our firm, the sooner we can take action to stop repossession. Contact us today!