Two Tricky Repo Issues

Does NY law prohibit repossession on weekends? New York Vehicle and Traffic Law (V&T) 425 requires that the repossessing creditor send a notice of repossession to the DMV and the vehicle owner within 24 hours of repossession. DMV offices are closed on Saturdays and Sundays. The most conservative creditor could resolve the problem by notContinue reading “Two Tricky Repo Issues”

Combating Title Washing, Understanding the BFP Defense

Title washing means the removal of a lien by fraud. Often, by the time the fraud is discovered, the car has been resold to a buyer who claims to be a “BFP”. BFP means bonafide purchaser. A buyer can only be a BFP if he had no knowledge that the lien was removed by fraud.Continue reading “Combating Title Washing, Understanding the BFP Defense”

Warning: Do not obtain “Repo Titles” on vehicles that are impounded

Several reliable sources indicate that The New York State Department of Motor Vehicles (“DMV”) may be beginning an investigation of lienholders who are applying for “repo” titles in situations where the lienholder does not actually possess the vehicle. The DMV is focused on lienholders who have been using “repo” titles in order to recover vehiclesContinue reading “Warning: Do not obtain “Repo Titles” on vehicles that are impounded”

Lienholders and NYC parking tickets

New York City has a parking enforcement unit that authorizes the Sheriff or City Marshal to seize vehicles for unpaid parking tickets. The unpaid parking tickets are treated as a money judgment against the vehicle owner. Under Article 52 of the CPLR, the City is entitled to enforce the judgment by selling the vehicle. FollowingContinue reading “Lienholders and NYC parking tickets”