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Certificate Of Repossession for Canada

Certificate Of Repossession Template for Canada

A Certificate of Repossession is a formal legal document used in Canadian jurisdictions to document and certify the lawful repossession of property by a secured creditor following a default under a security agreement. The document serves as official evidence of the repossession process, detailing the parties involved, the repossessed property, circumstances of default, and confirmation that the repossession was conducted in accordance with applicable provincial and federal laws. It is particularly important in provinces governed by the Personal Property Security Act (PPSA) and must comply with specific provincial requirements regarding form, content, and execution.

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What is a Certificate Of Repossession?

The Certificate of Repossession is a crucial document in Canadian secured lending practices, used when a creditor needs to legally document the repossession of property following a default under a security agreement. This certificate serves multiple purposes: it provides formal documentation of the repossession event, confirms compliance with legal requirements, and creates an official record for potential future legal proceedings. The document is particularly important in jurisdictions governed by the Personal Property Security Act (PPSA) and must include specific details about the creditor, debtor, repossessed property, and circumstances of the repossession. The Certificate of Repossession should be prepared immediately following a successful repossession and must comply with both federal and provincial regulations regarding repossession procedures and documentation requirements.

What sections should be included in a Certificate Of Repossession?

1. Certificate Title and Date: Clear identification of the document as a Certificate of Repossession with date of issuance

2. Creditor Information: Full legal name and address of the secured creditor or financial institution

3. Debtor Information: Full legal name and last known address of the debtor

4. Property Description: Detailed description of the repossessed property including all relevant identification numbers (e.g., VIN for vehicles)

5. Security Agreement Reference: Details of the original security agreement or contract including date and reference number

6. Default Declaration: Statement confirming the nature and date of default

7. Repossession Details: Date, location, and manner of repossession

8. Legal Compliance Statement: Declaration that the repossession was conducted in accordance with applicable laws and regulations

9. Certification: Formal statement certifying the truth of all information provided

10. Execution: Signature block for authorized representative of the creditor with date

What sections are optional to include in a Certificate Of Repossession?

1. Condition Report: Detailed description of the property's condition at time of repossession - recommended when repossessing vehicles or valuable equipment

2. Personal Effects Statement: Statement regarding any personal effects found in/with the repossessed property and their disposition - particularly important for vehicle repossessions

3. Notice of Intent Confirmation: Confirmation that required notices were sent to the debtor - include when required by provincial regulations

4. Redemption Rights: Statement of the debtor's rights to redeem the property - include when required by provincial law

5. Witness Statement: Statement from witnesses to the repossession - recommended in cases where confrontation occurred or was likely

6. Peace Officer Presence: Details of any peace officer present during repossession - include when applicable

What schedules should be included in a Certificate Of Repossession?

1. Schedule A - Photographic Evidence: Photographs of the property at the time of repossession, showing condition and identification markers

2. Schedule B - Inventory List: Detailed inventory of the repossessed property and any contents

3. Schedule C - Related Documents: Copies of relevant notices, security agreement, and default notifications

4. Schedule D - Condition Report Details: Detailed report of the property's condition including any damage or missing components

5. Appendix 1 - Chain of Custody: Documentation showing the chain of custody from repossession to secure storage

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Affidavit

Cost

Free to use
Relevant legal definitions




















Clauses

















Relevant Industries

Banking

Financial Services

Automotive Finance

Equipment Leasing

Asset-Based Lending

Consumer Finance

Commercial Lending

Credit Unions

Vehicle Dealerships

Asset Recovery

Relevant Teams

Legal

Collections

Credit Risk

Compliance

Asset Recovery

Documentation

Operations

Portfolio Management

Risk Management

Credit Administration

Relevant Roles

Collections Manager

Credit Manager

Repossession Agent

Legal Counsel

Compliance Officer

Risk Manager

Asset Recovery Specialist

Collections Supervisor

Credit Administrator

Documentation Specialist

Legal Administrator

Recovery Operations Manager

Portfolio Manager

Lending Officer

Credit Risk Officer

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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