REPOSSESSIONS: California’s Special Rules

Next Tuesday!

California is “different” in many ways; some good, some not so much. Nowhere is this more true than in its laws—and its repossession laws are a good example of that. Because of those laws, California continues to have more repossession-related class action lawsuits than any other state.

For example, California’s version of the Uniform Commercial Code (“UCC”) differs significantly from the UCC adopted in other states. As a result, someone familiar with the UCC in Oregon or Arizona, or someone who took general repossession training that was not California-specific, could make significant errors if he or she handled a repossession in California and didn’t know how that state’s law is different.

To complicate matters, California has an entirely separate and very complex set of repossession rules that sometimes supplement and sometimes even contradict its UCC! These rules are found in a different place in California law, so a financial institution or attorney from out of state would be likely to miss them without extensive research.

If that isn’t enough, California courts have interpreted California’s repossession-related laws in surprising ways. As a result, someone could carefully read California’s laws and still make errors that lead to losses through litigation.

Lenders who make automobile-secured loans in California, who repossess automobiles in California, or who sue for deficiency balances in California need to know California’s unique rules.

Attorney Eric North has represented and taught financial institutions with respect to California’s repossession laws for more than 35 years and is the author of the California Repossessions Law and Procedures Guide and related forms used by many creditors. During this program, Eric will talk with participants about—

  • how to determine whether California laws must be followed when a motor vehicle is repossessed, notices are sent, and/or the vehicle is sold.
  • how sales may be classified differently as “public” or “private” in California than in other states.
  • how the notice period in California differs from the notice period in other states.
  • the ways in which one set of California laws flatly contradicts the other set of California laws—and how to comply with both.
  • some of the most common errors repossessing creditors make in California when preparing notices of sale.
  • common misunderstandings about California’s “right of reinstatement.”
  • rules imposed by California courts in addition to those enacted by the state legislature.

For more information, call NorthLegal at 623.537.7150.

SPECIAL SALE!  This program will focus on how California laws differ from those used in the rest of the country, and will assume participants have a general understanding of basic repossession laws. To help those who would like a refresher on general repossession law, the prices of the following previously-recorded webinar have been temporarily marked down to $100 (usually $190) each until November 30:

Repossessing Motor Vehicles, Part I: What to Know and Do Before You Pick Up the Collateral

Repossessing Motor Vehicles, Part II: After the Repossession

To to take advantage of the discount, send an email to mary@northlegal.com for a coupon code.

* Registration entitles the participant to a single connection during the live program. However, any number of employees of the participating financial institution may watch the archived version at times convenient for them for six months after the program ends.

Registration Resolved. Sort of.

You can now register for next Tuesday’s webinar Repossessions: California’s Special Rules . Thank you for your patience.

The problems are not completely resolved; two issues remain. First. although the Webex system is now accepting and processing online registration and credit card payments, at the end of the process you are very likely to see an error message on your screen. If you get a registration confirmation email within a half hour after that, disregard the error message — you’re registered! If you don’t get a registration confirmation email, contact our office to find out if the registration went through. Either way, don’t re-register online (we don’t want your card to be charged twice).

Second, Webex now make it impossible for us to discount prerecorded programs (we can’t even give them away for free)! They say they’re working on that, too, though they are not sure when or even if it will be fixed. As a result, for the moment you cannot get the discounted rate of $100 for the prerecorded   Repossessing Motor Vehicles, Part I: What to Know and Do Before You Pick Up the Collateral  or the prerecorded  Repossessing Motor Vehicles, Part II: After the Repossession  webinars by registering online . However, we believe we have a workaround that will still get you the discount, so if you want to register for one or both of those programs at the reduced rate, contact Mary ( mary@northlegal.com ).

We’re sorry for the awkwardness of the registration process for these programs. We try to offer better service than this, but circumstances beyond our control have prevented us from doing so. Again, we appreciate your patience.

Eric North

NorthLegal Training and Publications

623.537.7150

NORTHLEGAL.COM

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