1. Default on Loan Payments:
Repossession can occur when a borrower defaults on their loan payments for a vehicle financed through a lender or financial institution. The lender has the right to repossess the vehicle if the borrower fails to make timely payments as agreed upon in the loan contract.
2. Right to Cure Default:
Before repossessing a vehicle, the lender must provide the borrower with a "right to cure" notice. This notice informs the borrower of their default and provides a specific period (usually 10 days) to bring the loan current by paying the outstanding amount or making arrangements for payment.
3. Repossession Process:
If the borrower fails to cure the default within the specified time, the lender can proceed with repossessing the vehicle. Repossession can only be carried out by a licensed repossession agency or the lender themselves. The repossession must be conducted without using force, threats, or breaches of the peace.
4. Notice of Repossession:
Within 48 hours of repossession, the lender must send a written notice to the borrower informing them about the repossession, the location where the vehicle is being held, and the amount required to redeem the vehicle.
5. Redemption of the Vehicle:
The borrower has the right to redeem their vehicle by paying the outstanding loan balance, accrued interest, and any applicable fees. The borrower also has the option to reinstate the loan by bringing it current and fulfilling any additional requirements set by the lender.
6. Sale of the Vehicle:
If the borrower fails to redeem the vehicle within a specified period (typically 30 days), the lender may sell the vehicle at a public or private sale to recover the outstanding debt. The proceeds from the sale are applied towards the loan balance, and any surplus funds are returned to the borrower.
7. Deficiency Balance:
If the sale proceeds are insufficient to cover the outstanding loan balance and associated costs, the borrower may be liable for the remaining deficiency balance. The lender may pursue legal action to collect the deficiency balance.
It's essential to note that these are the general provisions of Nevada law regarding vehicle repossession. Specific details and procedures may vary, and it's always advisable to consult with a legal professional or review the specific loan contract for accurate and up-to-date information.