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.
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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
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
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
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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
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