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#2271337 - 06/08/22 12:52 PM Selling Repo on Social Media
dshuff Offline
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dshuff
Joined: Jun 2007
Posts: 36
Ohio
I need some assistance. One of our lenders is wanting to sell one of our repossessed vehicles on social medial. Is there a regulation/ state law that states whether it is allowable or not? If it is allowable, would any marketing rules or disclosures come in to play?

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#2271341 - 06/08/22 12:58 PM Re: Selling Repo on Social Media dshuff
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 84,530
Galveston, TX
One of your loan officers - since when is policy made by a loan officer? What does your board approved repossession/collection policy say? Also, check with your legal counsel, but if you are going to hold the borrower responsible for any deficiencies, then you most likely need to do it through a public auction in order to prove that you received fair market value for the vehicle.
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The opinions expressed here should not be construed to be those of my employer: PPDocs.com

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#2271342 - 06/08/22 01:07 PM Re: Selling Repo on Social Media rlcarey
dshuff Offline
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dshuff
Joined: Jun 2007
Posts: 36
Ohio
Thank you Randy. All very good points.

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#2271348 - 06/08/22 01:53 PM Re: Selling Repo on Social Media dshuff
Dan Persfull Offline
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Dan Persfull
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Posts: 47,706
Bloomington, IN
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The opinions expressed are mine and they are not to be taken as legal advice.

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#2271350 - 06/08/22 02:08 PM Re: Selling Repo on Social Media dshuff
Dan Persfull Offline
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Dan Persfull
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Posts: 47,706
Bloomington, IN
What Happens After a Repossession in Indiana?

The creditor can choose to keep your car unless you’ve paid more than 60% of the loan balance. In that case, the lender is required to sell your car at auction. You will receive a Notice of Sale with details on the location and time of the sale.

https://upsolve.org/in/repo-laws/#:~:text=abandoned%20your%20property.-,What%20Happens%20After%20a%20Repossession%20in%20Indiana%3F,and%20time%20of%20the%20sale.

The IN code is 26-2-10. http://iga.in.gov/legislative/laws/2021/ic/titles/026#26-2-10

If the vehicle will not be sold at auction then we require a minimum of 3 sealed bids. Fortunately our repos are few and far between.
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#2271353 - 06/08/22 02:18 PM Re: Selling Repo on Social Media dshuff
Dan Persfull Offline
10K Club
Dan Persfull
Joined: Aug 2002
Posts: 47,706
Bloomington, IN
_________________________
The opinions expressed are mine and they are not to be taken as legal advice.

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#2271361 - 06/08/22 03:07 PM Re: Selling Repo on Social Media Dan Persfull
dshuff Offline
Junior Member
dshuff
Joined: Jun 2007
Posts: 36
Ohio
I appreciate the additional information.
Last edited by dshuff; 06/08/22 03:08 PM.
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