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Repossessed Motor Vehicle Affidavit for Canada

Repossessed Motor Vehicle Affidavit Template for Canada

A Repossessed Motor Vehicle Affidavit is a legally binding sworn statement used in Canadian jurisdictions to formally document the repossession of a motor vehicle. This document serves as an official record of the repossession process, including details about the vehicle, the circumstances of default, and the manner of repossession. It complies with provincial personal property security legislation and consumer protection laws, providing necessary documentation for legal proceedings and subsequent disposition of the vehicle. The affidavit must be sworn before a Commissioner of Oaths and typically includes comprehensive information about the loan agreement, default circumstances, and current status of the vehicle.

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What is a Repossessed Motor Vehicle Affidavit?

The Repossessed Motor Vehicle Affidavit is a crucial document in Canadian secured lending practices, used when a creditor has exercised their right to repossess a vehicle due to payment default or other breach of a security agreement. This sworn statement is required by provincial legislation and serves multiple purposes: it creates an official record of the repossession, protects the creditor's interests, ensures compliance with legal requirements, and can be used in subsequent legal proceedings if necessary. The affidavit must include specific details about the vehicle, loan agreement, default circumstances, and repossession process, ensuring transparency and legal compliance. It's particularly important in provinces where strict documentation requirements exist for vehicle repossessions and is often required before the creditor can proceed with the sale or disposal of the repossessed vehicle.

What sections should be included in a Repossessed Motor Vehicle Affidavit?

1. Affiant Information: Identification of the person making the affidavit, including full name, occupation, and business address

2. Authority Declaration: Statement of the affiant's authority to make the affidavit (e.g., position with the lending institution or repossession company)

3. Debtor Information: Full details of the debtor(s), including name(s), last known address, and contact information

4. Vehicle Information: Detailed description of the vehicle including make, model, year, VIN, color, and current condition

5. Loan Details: Information about the original loan agreement, including date, amount, and payment terms

6. Default Information: Details of the default, including dates of missed payments and total amount in arrears

7. Repossession Details: Specific information about when, where, and how the vehicle was repossessed

8. Current Location: Statement of where the vehicle is currently stored and its condition upon repossession

9. Notice Confirmation: Confirmation that all required notices were sent to the debtor as per applicable laws

10. Jurat: Formal closing statement with space for signature, date, and commissioner's authentication

What sections are optional to include in a Repossessed Motor Vehicle Affidavit?

1. Co-Signer Information: Details of any co-signers on the loan, used when there are multiple parties responsible for the debt

2. Personal Property: Inventory of any personal property found in the vehicle at the time of repossession, used when items were found in the vehicle

3. Prior Repossession Attempts: Documentation of previous unsuccessful repossession attempts, used when multiple attempts were made

4. Security Interest Details: Information about registration of security interest and searches performed, used when additional proof of security interest is required

5. Third Party Claims: Details of any known third-party claims or interests in the vehicle, used when such claims exist

6. Police Involvement: Details of any police reports or involvement during repossession, used when law enforcement was involved

What schedules should be included in a Repossessed Motor Vehicle Affidavit?

1. Schedule A - Loan Documentation: Copies of relevant loan documents, including the original security agreement

2. Schedule B - Default Notices: Copies of all notices sent to the debtor regarding the default and intention to repossess

3. Schedule C - Vehicle Condition Report: Detailed report of the vehicle's condition at the time of repossession, including photographs

4. Schedule D - Personal Property Inventory: Detailed list of any personal property found in the vehicle

5. Schedule E - PPSA Search Results: Results of Personal Property Security Registry searches

6. Schedule F - Service Records: Documentation of all attempts to serve notices to the debtor

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

Financial Services

Automotive

Legal Services

Insurance

Banking

Consumer Lending

Asset Recovery

Transportation

Relevant Teams

Legal

Collections

Risk Management

Asset Recovery

Lending Operations

Compliance

Documentation

Credit Administration

Relevant Roles

Collections Manager

Repossession Agent

Legal Compliance Officer

Credit Manager

Recovery Specialist

Legal Counsel

Loan Officer

Risk Manager

Collections Supervisor

Asset Recovery Coordinator

Documentation Specialist

Lending Operations Manager

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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