Is It OK to Repo if there’s a Mandatory Evacuation?

From the desk of: Recovery Specialist Insurance Group

Ahead of Hurricane Irma, currently a Category 5 Hurricane in the Atlantic, Florida Governor Rick Scott has declared a state of emergency for the entire state.  Hurricane Harvey barrelled down on the Gulf coast last week and dumped significant rains throughout the Gulf States, many governments declared states of emergency and had mandatory evacuation notices in place for the safety of their local businesses and residents. But what does this mean for repossessions in those areas?

In our opinion, there are 3 important things to think about here…

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Requiring Lender’s Locksmiths Lot Access – Another Encroachment and Contradiction

Editorial

So, you have a fence around your storage yard, perhaps some barbed wire on top and cameras recording everything going on. Why? Security of course. As an agency owner, it is crucial that you secure your business and the recovered collateral. So, why would you give a person you don’t know access to your yard and the vehicles stored on it?

Well, that’s the newest infringement on repossession agencies that is occurring now.

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Repo Man Shoots Family Dog – Accusations Ensue

Detroit, MI – 17 July 2017 – A repo man said when he pulled up to repossess a vehicle in Detroit, he had no choice to but to shoot a family’s dog that he says was ready to attack. But the owner of the dog says that’s not true – from the back of a police car.

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Conference Review – RSIG AFA Conference San Diego 2017

It was a beautiful week in San Diego as hundreds of RSIG and AFA Member gathered for the RSIG AFA Conference in San Diego. With the combined associations all in one place, the ball rooms were packed and I knew very quickly that this was going to be a stellar event. Socializing with old friends and new are at least half of the value in these events and this was definitely loaded with some great times! I hadn’t been to an association event in a couple of years and I definitely found the right one to attend!

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PAR and Santander Named in “Forcible Removal” Lawsuit

Paintsville, KY – 31 May 2017 – Sandra Baldwin, a Johnson County resident, and her lawyer, David Runyon of Kirk Law Firm, have filed a 19-page lawsuit against AA REPO EAST, LLC, of Lexington, Eddie Pinson of Pikeville, allegedly an employee of AA REPO EAST, SANTANDER CONSUMER U.S.A. and PAR, IN. d/b/a PAR NORTH AMERICA for Compensatory and Punitive Damages for what the Complaint, filed in the Johnson Circuit Court, says was a “Wrongful, Physical Taking of Her Vehicle.” 

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Texas Skip Tracing Company CEO Pleads Guilty to Embezzlement

Dallas, TX – 18 April 2017 – Clifford McCrary, former CEO of the now bankrupt Windsor Equity Group, a debt collection and skip locating firm, has accepted a plea agreement with the Dallas County District Attorneys Office resulting from charges of misapplication of fiduciary property. As a condition of his 10 year probation, McCrary has been ordered to pay $215,989 in restitution to Loss Prevention Services, LLC.

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Supreme Court to Review Santander FDCPA Lawsuit

supreme_crtWashington, DC – 13 January 2017 – The U.S. Supreme Court on Friday agreed to decide whether firms collecting on debt they bought for pennies on the dollar can be held liable in lawsuits brought by debtors they targeted under a federal law cracking down on debt collectors’ abusive practices. The justices agreed to review a lower court’s decision to dismiss a consumer class action lawsuit against Santander Consumer USA Holdings Inc. (SC.N) over allegations it violated the Fair Debt Collection Practices Act.

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