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Wrongful Repossessions Continue To Haunt Secured Lenders

LexisNexis (June 11, 2018, 1:20 PM EDT) -- A recent decision from Pennsylvania raises a number of issues for secured lenders who use self-help repossession: When is there a "breach of the peace," which is forbidden under UCC 9-609? To what extent can involvement of law enforcement officers shield the foreclosing creditor from liability? Do law enforcement officers who aid the secured lender face liability for violation of civil rights laws? If a repo by an independent contractor becomes contentious, is the secured lender vicariously liable for punitive damages?

The Pennsylvania case. In Hyman...
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