Hi - my name is XXXXX XXXXX X'X a litigation attorney. Thanks for your question. I'll be glad to assist.
Unfortunately, creditors are entitled to deficiency judgments when property is repossessed and sold to pay on/pay off the debt owed.
The only real thing that your friend could challenge is the price obtained from the sale.
Your friend could claim that the fair market value for the RV was more than it sold for and that the creditor did not act in good faith in trying to sell the property in order to get as much money as it could to reduce your friend's obligation to pay any deficiency.
In order to do this, your friend would have to find out how the RV was sold - - was it via public auction, bids, etc., or was it just put on the lot and sold that way. Also, you'd need to know what the fair market value of the RV was at the time of sale to see if the amount accepted was far below that figure.
If so, your friend could object to the amount claimed in the lawsuit and allege that the lender did not act in good faith, and therefore, only the amount due over and above the fair market value should be an issue for the deficiency.
But, if the amount recovered by the lender is close to the fair market value, then there's not much hope that the court will reduce the debt.
Thanks for your question, and please let me know if you need anything further.
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