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LegaldEagle
LegaldEagle, Attorney
Category: Business Law
Satisfied Customers: 269
Experience:  Over 10 years of Real Estate, Corporate and Estate Planning Experience
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I have an AL install- - ment contract, individual seller to

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I have an AL install- - ment contract, individual seller to individual Buyer. Buyer has defaulted on purchase contract, bounced check, missed payments. AL UCC allows for reposs- ession w/o judicial action if peaceful; NY UCC appears same   AL title on vehicle, Seller listed as lien holder. Buyer relocated to NY state, Jefferson Co. To execute repo, is NY judicial action required?
The New York repo law/ucc is the same as Alabama's in that you can repo without judicial action if peaceful. Since the title is from out of state, in order to liquidate the car in New York, the title must show the lien holder as owner and you will need the notarized bill of sale. However, since you are bringing it back to Alabama, you will be able to use your normal/customary means to liquidate after repossession.

If I am missing anything, or you have further questions, please feel free to reply and I will follow up.
Customer: replied 8 years ago.
Is there a NY UCC ref/article that I might research further? Thanks!
Here are the actual steps in order to reposses a New York Motor Vehicle:

http://law.onecle.com/new-york/vehicle-and-traffic/VAT0425_425.html


Here is a link to the form that needs to be filled out and delivered to the police agency:

http://www.nysdmv.com/forms/mv327.pdf

And the New York Law governing repossession of collateral is as follows:

Section 9--609. Secured Party's Right to Take Possession after Default.
(a) Possession; rendering equipment unusable; disposition on debtor's
premises. After default, a secured party:
(1) may take possession of the collateral; and
(2) without removal, may render equipment unusable and dispose of
collateral on a debtor's premises under Section 9--610.
(b) Judicial and nonjudicial process. A secured party may proceed
under subsection (a):
(1) pursuant to judicial process; or
(2) without judicial process, if it proceeds without breach of
the peace.
(c) Assembly of collateral. If so agreed, and in any event after
default, a secured party may require the debtor to assemble the
collateral and make it available to the secured party at a place to be
designated by the secured party which is reasonably convenient to both
parties.
Let me know if you need anything further and I will be happy to continue to assist you.
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