Kansas Repo Lawsby Tracy Hodge
Kansas financial institutions may repossess a vehicle if the debtor is in default of the loan. A debtor is considered to be in default if any payments are not made according to the original loan agreement. Debtors in Kansas may also be in default for failure to maintain the proper insurance on the vehicle. Lenders in Kansas must follow specific guidelines in order to repossess a vehicle legally.
In order for repossession agents to seize a vehicle in Kansas, there are certain requirements that must be met. The owner of the vehicle or debtor must live in Kansas and the vehicle must be originally financed by a lending institution chartered in the state. The lending institution must complete an application for title in the Kansas county in which the owner of the vehicle lives, and a repossession affidavit must also be completed. A certified and notarized copy of the security agreement must also be included with the repossession documents. This agreement must list the names of the debtors; the signature of the debtors; the make, model and year of the vehicle and the VIN number. Lending institutions must also include a verification of title with the repossession documents and pay the appropriate fees in the Kansas county in which the debtor lives.
Seizing the Vehicle
Once the necessary paperwork is completed, repossession agents will remove the vehicle from the debtor. Repossession agents in Kansas may not breach the peace while attempting to repossess a vehicle. Vehicles may be repossessed from a parking lot or driveway, but agents may not break into a locked gate or garage to seize a vehicle. If the vehicle cannot be seized without breaching the peace, then the lending institution may file a legal action with the court to repossess the vehicle.
The debtor has a right to redeem the vehicle after a repossession has occurred. In order to redeem the vehicle, the debtor must pay the amount due on the loan and the necessary fees associated with repossessing the vehicle within 10 days after repossession. The fees associated with a repossession may include storage fees, fees for arranging the sale of the vehicle and attorney's fees for the lending institution.
Vehicles that are not redeemed by the debtor will be sold to cure the debt on the vehicle. According to Law Dog.com, lending institutions in Kansas may sell repossessed vehicles in a public or private sale. The time, date and manner of the sale must be commercially reasonable and may occur only after a notice of sale has been sent to the debtor. In Kansas, the debtor is responsible for any deficiencies that remain on the vehicle loan after the sale of the vehicle.
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