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Can i remediate an auto repossession in Florida. Florida…

Customer Question
Can i remediate an...

Can i remediate an auto repossession in Florida

Lawyer's Assistant: What state is this in? And how old is the car?

Florida auto from 2013

Lawyer's Assistant: Have you contacted the manufacturer?

Yes they said no option to recover other than refinance with another institution I call yesterday and was waiting for their answer when the auto got repo

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

How much cost the service?

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Consumer Protection Lawyer's time your question is expected to take (how complex and lengthy an answer you require).

This inquire is for my son he owes 3 month his registration is in Miami Beach Florida but he leave in clearwater . he is struggling with his small business.The financial institution said they do not want to take a financial risk and provide no remedy possible other than refinance . The auto value is aprox $10,000

Submitted: 8 months ago.Category: Legal
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Answered in 5 minutes by:
9/29/2017
Lawyer: legalgems, Lawyer replied 8 months ago
legalgems
legalgems, Lawyer
Category: Legal
Satisfied Customers: 13,347
Experience: Just Answer consultant at Self employed
Verified

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

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Lawyer: legalgems, Lawyer replied 8 months ago

I am sorry your son is having to deal with this; can you tell me-

has the auto been repossessed?
are you trying to obtain possession of the repossession by paying the amount owed?

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Customer reply replied 8 months ago
Thank you for your prompt answer.
Yes it was repossessed this morning
Yes He would like to pay the 3 months past due and recover the auto
Customer reply replied 8 months ago
i did not get any answer
Lawyer: legalgems, Lawyer replied 8 months ago

A few minutes please; my computer froze when I was downloading the statute;

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Lawyer: legalgems, Lawyer replied 8 months ago

Thank you for your patience;

unfortunately the statute requires the borrower to make full payment of the loan in its entirety, plus reasonable fees and costs; that statute is here:

679.623 Right to redeem collateral.—

(1) A debtor, any secondary obligor, or any other secured party or lienholder may redeem collateral.

(2) To redeem collateral, a person shall tender:

(a) Fulfillment of all obligations secured by the collateral; and

(b) The reasonable expenses and attorney’s fees described in s. 679.615(1)(a).

(3) A redemption may occur at any time before a secured party:

(a) Has collected collateral under s. 679.607;

(b) Has disposed of collateral or entered into a contract for its disposition under s. 679.610; or

(c) Has accepted collateral in full or partial satisfaction of the obligation it secures under s. 679.622.

The lender is not required to accept partial payment or payment of oustanding amounts.

I reviewed case law to find an exception but unfortunately was not able to do so.

I wish I had better news;

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Lawyer: legalgems, Lawyer replied 8 months ago

Hello again; just checking in to see how things worked out;

If you have no further questions a positive rating is most appreciated (at no additional cost to you) and allows the site to credit my account for the time spent assisting you!

if you have further questions please don't hesitate to reach out to me here on Just Answerand I will do my best to get you the requested information.
Thanks!

The above information is for educational purposes only. A consultation with a private attorney is recommended so they can apply the law to your specific facts, and suggest the best course of action. An attorney can be located here:
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