Last updated: July 2004

In some instances, a creditor does not have to sue a consumer or get a court judgment before taking the property. This can happen if the consumer has failed to make payments (called a "default") and the creditor has something called a "security interest" in the property. A creditor has a security interest when the consumer has put up the property as "collateral" in order to get a loan or to get credit when making a purchase.

Usually when you buy a car, the car itself is the collateral for any loan you take out to pay for it. (When we use the word "car" we are also referring to a truck or other vehicle). If you are applying for a different kind of loan, unrelated to the purchase of a car, the lender might ask you to put your car up as collateral for the loan. Either way, the creditor can require that you do this in order to make the creditor feel more secure if you default. In Illinois, by giving the creditor a security interest in the car, you are giving him the right to repossess the car if you default. A creditor with the right to repossess can ask one of its employees or hire someone to simply break into the car and drive it away. In this situation, you cannot assert your exemption rights to stop a repossession.

A repossession is lawful only when the creditor has a security interest. A creditor can have a security interest only when that interest is clearly stated in the written contract for the purchase of the property or the contract for the loan. If some indication of a security interest is not in writing, the creditor cannot repossess. For example, if you do not pay your credit card bill, the credit card company cannot repossess your car (although the company could use one of the other collection methods discussed above).

It is possible that a creditor may require that you give a security interest in other types of property besides cars. For example, you might be asked to put up your stereo equipment as collateral on a loan. As you read this section, bear in mind that the rules pertaining to repossession of cars also applies to any other type of property in which the creditor has a security interest.

This section explains various details about vehicle repossession, including: 

How to Prevent a Car From Being Repossessed
What To Do After the Car is Repossessed
When a Repossession is Unlawful
Resale of the Car by the Creditor and Deficiency Actions
Remedies in Court When the Creditor Does Not Properly Repossess or Resell Your Car or When the Notice About the Resale is Improper

How To Prevent A Car From Being Repossessed

Keep Up Your Payments

Remember that a creditor with a security interest has the right to repossess if you stop making payments (default). A default is usually defined to happen when you miss even one payment (although the contract may give you a grace period). The best way then to avoid a repossession is to keep current on your car payments. You should consider making your car payments ahead of your credit card debts, doctor bills or other low priority debts. The reason is that delaying payment on those debts may not have serious consequences. However, if you skip one or two car payments, you risk losing your car.

Negotiate a Work-Out Plan

If you fall behind in your payments, you should consider the advantages and disadvantages of arranging a work-out plan with the creditor. First, you should consider whether you can really afford the particular car and whether the over-all running condition of the car makes it worth keeping. If so, understand that under a work-out plan, your monthly payments might be lowered and additional payments might be tacked on to the end of the contract period. These plans, if accepted by the creditor, have the advantage of your keeping the car, but you should always consider the cost. For example, lower monthly payments will mean a longer payment period, which will increase the amount of interest you wind up paying on the debt. If you do decide to go for a work-out plan, you can best negotiate with the creditor if you have any claims or defenses relating to the car loan or purchase.

Sell the Car

If, after falling behind on payments, you decide that you simply cannot afford the car, not to mention insurance and maintenance costs, one option is to sell it before it gets repossessed. If the creditor repossesses the car, they will re-sell it usually at a fraction of its real value. Frequently, the creditor will then come after you for the balance, called a "deficiency". See Resale of the Car By the Creditor. If you sell the car yourself, you may be able to get a higher price and possibly avoid a deficiency. Also, by selling the car yourself, you avoid additional costs relating to the repossession and the resale, which the creditor will charge back to you. You may also be able to get a rebate on car insurance by canceling the coverage when you sell the car. When you set the price for the car, however, remember that ordinarily you will have to pay off the car loan in full before the new purchaser can be given a clear title. You will need to get the pay-off figure from the creditor and get them to cancel the lien when the debt is paid.

If you cannot sell the car for as much as is owed on the loan, the creditor probably will not agree to either cancel the lien nor is it likely that they will permit the new purchaser to assume the loan. In other words, you will still owe on the loan, a fact which may discourage potential buyers from buying your car (because your default can still result in a repossession).

Return the Car to the Creditor, But Get A Deal

Another option is to voluntarily surrender the car to the creditor which holds your contract. This likely will not be the original seller if the contract was assigned to a bank or other financial institution. Don't do this if you don't get something in return. Turning in the car can help the creditor because not only can he avoid repossession costs, but also he can sell the car for a low price and then come after you for the difference. Also, you might be waiving some of your claims and defenses such as a claim that the creditor did not have a valid security interest or that you were not really in default.

However, taking this step might be a good idea if you get a written agreement from the lender saying that you do not owe anything further on the loan. You can also try to get the creditor to agree not to report the default to any credit reporting agency. You might be able to persuade the lender to enter such an agreement with you if you convince the lender that without an agreement the lender will be in a legal battle to justify a repossession or to defend other claims you might have relating to the car. Get any agreement in writing!

Object In Person When the Repo Man Shows Up

It is against the law for a repo man to "breach the peace" when seizing a car. Breach of the peace is a technical term, but basically it means that the repossessor cannot use bodily force or threats and cannot take property over your oral objections. Your objection should not involve force and does not have to be loud. Just politely but firmly tell the repo man not to take the car. Of course, if you are not there when the repo man shows up, you won't be able to object. It is perfectly all right for the creditor to come in the middle of the night and enter your car on the street or even on a driveway. (But, they cannot lawfully break open a locked garage).

Local police and other law enforcement officers should not be involved in assisting the repo man, unless there is a lawful court order for the seizure of the car. If you think the police were wrongfully involved, you should consult an attorney.

File for Bankruptcy Before the Repossession

Assuming a bankruptcy is justified in your situation, the filing of a bankruptcy petition triggers an "automatic stay", which means that your creditors, including car repo men, are prevented from taking any action against your property.

What To Do After The Car Is Repossessed

How To Get Back Personal Property Left in the Car

It would be smart to leave as few personal belongings in the car as possible if you think your car might be repossessed. If it does get repossessed, don't be too surprised if certain items you left inside the car turn up "missing". However, unless the creditor also had a security interest in the property inside the car (not likely), a lender is required to return the property to you promptly on demand. If they don't, it's theft or conversion, and you have a claim against the lender for the value of unreturned property. Make your request in writing and specify the items of property you want returned.

Sometimes you may not be entitled to the return of equipment which you have added to the car, such as radios, speakers or engine parts. If these items have been attached in such a way that they cannot be easily removed, then they may be considered to be part of the car and subject to the security interest. If you are afraid that your car may be repossessed soon, you may want to remove these items from the car before it is repossessed.

Click on the link below to go to the Request for Return of Personal Property Left Inside Repossessed Car interview, which will automatically prepare your letter for you. Please answer the interview questions accurately and carefully to make sure that your letter will be correct. You may then print the letter and send it to the lender that repossessed your car. 

Request for Return of Personal Property Left Inside Repossessed Car

How To Get the Car Back

In Illinois, there are two different ways that consumers can get back ("redeem") their car. The first way applies only to cars and only where, at the time of repossession, you have paid at least 30% of the total sale price. If so, you must be sent a notice which gives you 21 days to redeem. The notice must be given within three days after the repossession. Consumers who have paid the minimum 30% need only pay the overdue payments, late charges and repossession costs to recover their vehicles. If you do so within the 21 day period, the creditor must return the car and reinstate the contract. This law applies to all consumer automobile purchases or loans to finance a car purchase, except those involving a direct loan from a credit union. You can exercise this right to redemption only once during the lifetime of the contract.

The second way to redeem applies to all consumers and provides a right to redeem any repossessed property at any time before the creditor actually disposes of it. However, in order to redeem in this situation, you must tender the full amount of the balance of the contract, including all "accelerated" payments (all payments due until the contract is entirely paid off). You must also tender the creditor's repossession and storage charges. This is not often a very practical solution because if you could not afford the monthly payments, it is not likely that you will be able to pay off the whole contract in one lump sum. But where the car is worth what's left on the loan, you may consider asking a friend to purchase the car or trying to borrow from friends or relatives.

How To Stop the Creditor From Selling The Car And To Negotiate A Settlement

After repossession of a vehicle, a secured creditor in Illinois must send a notice to the consumer stating that the creditor intends to apply to the Secretary of State for a repossession certificate of title. With that notice must be an affidavit form for the consumer to list any defenses which he/she may have to the creditor's application for transfer of the title. This affidavit is known as the Affidavit of Defense, and it can be used to stop the creditor from obtaining title from the Secretary of State. For example, you could state on the Affidavit of Defense that the repossession of your car was wrongful because your creditor had a practice of accepting late payments. You have 21 days to complete and mail the affidavit by certified mail to the creditor. The Affidavit is a sworn statement, and you must state under oath that what you say in the Affidavit is true.

If you do not send the affidavit, the Secretary of State will send the creditor a repossession title which transfers all rights in the vehicle to the creditor, allowing the creditor to sell the property. However, if you have timely sent in the Affidavit of Defense, the creditor cannot immediately obtain the title. Without the title, the creditor cannot re-sell the car. The burden is then on the creditor to file a lawsuit against you to resolve the matter. If the court finds that the repossession was proper, you may be liable for the creditor's attorneys' fees for going to court. However, creditors often will be willing to negotiate a settlement with you at this point rather than go to court. This enables you to get the car back, or get the creditor to release you from any further payments, or to work out other favorable terms. Get any agreement in writing! If the creditor does ask a court for the right to possession, and you disagree, you can ask the court to award you damages and/or the car back. See When A Repossession is Unlawful.

How To Increase the Sales Price of the Car At A Resale

If you are going to owe a deficiency, then it is in your interest that the car go for the highest price possible at the resale. The higher the price, the lower your deficiency. Encourage the creditor to sell the car at retail, rather than at wholesale. A retail sale can result in a price at least 40% higher than when sold at wholesale. Also, make sure the creditor intends to recondition the property (at reasonable expense) or otherwise preserve and prepare it for sale to attract buyers and the highest price possible. Also, the creditor must notify the consumer of the time and place of any sale of the car. Knowing this, you can encourage other buyers to bid at a public auction or to buy the car at a private sale.

When A Repossession Is Unlawful

Sometimes creditors will repossess a car even though the creditor does not have a right to do so or no right to take the car at that time. Other times, the repo man will not follow the proper procedures in taking the car. When these things happen, the creditor does not have any right to keep the car or collect a deficiency. The consumer has a right to get the car back and also to be paid money damages. Practically speaking, this usually requires the services of a lawyer. This section is intended to give you enough information to know when you should seek legal assistance to challenge an unlawful repossession. Ask yourself the following questions:

Were You In Default at the Time of the Repossession? 

If the creditor seizes the car when you did not owe any money or when you still had additional time to make any payments due, the seizure is unlawful. You are not necessarily "in default" just because you are late on your payments. For example, if the creditor has made a pattern or practice of accepting late payments from you, the creditor cannot surprise you and take the car just because a payment is late. Such a creditor must first give you fair warning that from now on, your payments must be on time before that creditor can repossess the car for a late payment.

Did You Put Up the Car as Collateral on the Contract? 

If the creditor has not taken the car as collateral on the contract for sale or on a car loan, then it cannot repossess. Even if you default on the car loan, a repossession is allowed only if the creditor has a valid security interest in the car. The agreement to put the car up for collateral must be in writing and must be signed by the consumer. The written agreement must correctly identify the car, and the car must be in the consumer's own name. For example, if you sign a loan, but the car is in your wife's name, the creditor does not have a valid security interest in the car. Also, a repossession may be unlawful if the creditor took the car as collateral on an earlier loan, but not on the present loan which has been defaulted.

Did the Repo Man Breach the Peace? 

If the repo man seized your car over your objections while you were standing there, or by using force or threats, or by breaking into a locked garage, he has breached the peace. This is an unlawful repossession, meaning the creditor should not keep the car or collect a deficiency. It also means that the creditor may owe you money.

Were You Covered By Credit Insurance?

If you default because you got sick or injured and you had purchased credit disability insurance, a repossession may be unlawful where the creditor knew about the insurance and failed to give you a fair opportunity to establish coverage prior to the repossession.

Resale of the Car By the Creditor and Deficiency Actions

Remember that creditors repossess cars in order to collect on the car loan debt you owe. To recover their money, creditors will usually re-sell the car. The problem often arises, however, that the price which the creditor receives at the resale pays off only a part of the amount owed on the debt. When that happens, creditors usually go after the consumer for the balance due on the debt. That amount is called the "deficiency". If you do not pay this amount when requested to do so by the creditor, they might sue you for the purpose of recovering the deficiency. See Lawsuits in Court for Money.

Fortunately for the consumer, many legal claims and defenses are available where a creditor seeks a deficiency. Because the repossession and the resale are conducted without court supervision, the creditor is required to comply with many technical requirements. If the creditor trips up on even one technical requirement, the deficiency action may be thrown out or the creditor may even end up owing money to the consumer! Because this often happens, it is a good idea for the consumer to get legal advice before paying any deficiency amount.

If the creditor is coming after you for a deficiency, there are a number of things you can check to see if you might have any claims or defenses. First, check whether the repossession was unlawful. See When A Repossession Is Unlawful.  Second, find out whether the creditor has kept the collateral or has re-sold it. Third, determine whether you received a proper written notice of the intended resale. Fourth, determine whether the re-sale was conducted in a commercially reasonable manner. All these things will be discussed below.

Has the Creditor Kept the Car Without Re-selling It? 

Although it rarely will do so, a secured creditor (a bank, for example) may keep a repossessed car in full satisfaction of the debt. This is allowed only if the creditor notifies you of this in writing and you do not object within 20 days after the notice is sent. The notice must clearly state that the creditor is retaining the car in full satisfaction of the debt. In that situation, the creditor has the right to keep the car, but it cannot then legally try to seek a deficiency amount from you.  A secured creditor is not allowed to keep your car in only partial satisfaction of the debt– it must be full satisfaction. If you object within the 20 days, the creditor cannot keep the car, and must resell it.  If you get such a notice, it may be in your interest to object if you reasonably believe that any commercially reasonable resale would result in a "surplus" to you. A surplus is an amount by which the proceeds of any resale, after expenses, are greater than your present debt on the loan secured by the car.

There are two situations where the secured creditor is not allowed to keep the repossessed car and must resell it, usually within 90 days after taking possession. When the security interest is based on a loan you took out when you bought the car, then the secured creditor must resell the car if at the time of repossession, you had already paid at least 60% of the "cash price". When the security interest is based on some other kind of loan, then the secured creditor must resell the car if at the time of repossession, you had already paid at least 60% of the "principal amount of the debt". Check your contract to find out the cash price or the principal amount of the debt.

Did the Creditor Fail to Send You A Proper Written Notice About the Intended Resale? 

In most cases, the secured creditor will elect not to keep the car but will choose to resell it.  In that case, the creditor must send you a notice of the intended resale of the car. The sale can be at either a "public sale" or a "private sale". A public sale must be open to the public at large, such as an auction. A private sale is restricted to particular individuals or groups. 

The following things must be in the notice in order for it to be a legal notice: 

•  A description of you and of the secured party
• A description of the car
• A statement of the method that the creditor intends to use to sell the car
• A statement that you are entitled to an "explanation" (accounting) of the unpaid debt, and to know the charge, if any, for that explanation
• The time and place of a public sale or, if a private sale, the date after which the private sale will occur
• A description of any liability you may have for a deficiency
• A telephone number you can call to find out the amount you have to pay to the secured party in order to get the car back
• A telephone number or mailing address from which you can seek more information about the sale of the car

The law does not specify how far in advance of the sale the creditor must send you this notice. However, it must give you a reasonable time in which to exercise your redemption rights (See How To Get the Car Back), or to find someone you know who might be willing to buy the car at the resale.

The notice about the resale must be given not only to the primary debtor, but also to co-signers and guarantors. It must be accurately addressed. If it states wrong information on the notice, such as the wrong date or location for the sale, the notice is not valid. Likewise, the notice cannot be vague or unclear. If the creditor learns that you did not receive the notice and takes no further steps to notify you, the notice is not valid. If the scheduled sale is canceled or postponed, you must be sent notice again if the sale gets rescheduled. The only time a notice is not required is where you have signed, at some time after your default, a waiver of your right to get notice.

Was the Resale Conducted In a Commercially Unreasonable Manner? 

The law requires that all aspects of the resale be "commercially reasonable". This means that the manner, method, time, place and terms of the resale must all be reasonable by commonly accepted commercial practices. The creditor must use "every reasonable means" and its "best efforts" to obtain the full value of the car.

As a consumer who may be liable for a deficiency, you should be very interested in the price obtained by the creditor at the resale. Remember, the higher the price, the lower the deficiency. Just because the sale brought a low price for the car does not prove that the sale was unreasonable. But, if there is a big difference between the price obtained at the resale and true value of the car, a court might look very closely at all aspects of the sale to see if it was fair. Consider looking at references from the public library like the "red book" or the "blue book," which are published at regular monthly intervals to discover the book value of your car at any given point in time. 

 Although the term "commercially reasonable" is not defined in the law, there are a number of things to help the consumer understand what is reasonable and fair. This first depends on whether the sale is private or public. The choice of public or private sale is not entirely in the discretion of the creditor; it is one element of whether the sale was commercially reasonable.

In a private sale of a car, the creditor is not allowed to bid or purchase the car. The creditor must solicit bids from other persons or companies, and there has to be more than just one bid. If the notice of resale informs you that the sale is to be private, it must be a private sale. 

A public sale is usually an auction. If the creditor notifies you that the sale is public, it is not sufficient to merely take bids at undisclosed prices from undisclosed persons. At a public sale, the creditor is allowed to bid on and purchase the car. The creditor must obtain more than one bid in order to sell the car. Before the sale, the creditor must do some appropriate advertising or other publicity to attract bidders. Also, the car must be available for inspection by the public both before and during the sale. The public sale must occur at a convenient location and accessible to all members of the community. It should not take place in bad weather. If the notice of resale informs you that the resale is to be public, it must be a public sale.

There are several other things that you can examine to decide whether the sale was reasonable, and whether the creditor did its best to get a fair price. In the automobile business, resales are often done at a private "dealers only" sale. This may be unreasonable because you (or a buyer you have found) are denied the chance to take part in the sale if desired. Also, if the creditor has a retail store (such as a car dealer) available to it, it should sell the car through that store on a retail basis in order to recover a higher price. Sales at wholesale (to dealers) usually realize a much lower price.

In addition, the creditor should prepare or recondition the car for resale. The creditor has a duty to use care in preserving the car from the time it is repossessed to the time it is sold. The sale must be made to a purchaser who bids in good faith. There can be no collusion or alliances between the creditor and the purchaser. The sale should not be held too quickly after the repossession, nor should the sale be delayed too long. Sixty days may be too long. If the sale is unduly delayed, the creditor can be said to have made the election to keep the car, and you should not be liable for a deficiency. Where the creditor buys the car at the resale and then resells it again for its own benefit at a significantly higher price, this may suggest a commercially unreasonable practice at the first resale. Finally, commercial reasonableness may require an appraisal of the value of the car prior to resale.

If the proceeds from the resale are greater than the combination of your debt and the reasonable expenses associated with the resale, then you are entitled to the resulting "surplus". Even where the sale produced a surplus, you can sue for damages if a commercially reasonable sale would have produced an even larger surplus.

Did the Creditor Give You a Written "Explanation" of the Deficiency (or Surplus) Amount After the Resale?

After the resale, the secured creditor must send you a written notice explaining the deficiency balance. The following information must be included in the notice:

• Whether a surplus or a deficiency exists, and if so, the amount
• A statement that future events may increase/alter the amount due
• A telephone number or mailing address from which you can get more information, including how the deficiency (or surplus) was calculated  

The creditor must send you this notice no later than the time it first makes a written demand on you for payment of the deficiency, except where that demand is made by a collection agency. If you ask for more of an explanation, the creditor must send you a further explanation regarding the resale within 14 days, or else send you a letter which waives the deficiency. The written explanation must include the following information:

• The total secured debt minus unearned interest charges
• How much the car was sold for
• The total amount of the debt after deducting the sale price
• The amount of expenses in connection with the sale
• Other credits
• The amount of the deficiency (or surplus)

You Can Request an Accounting of Your Debt

In addition to the above rights, you can ask the secured creditor to provide you with an "accounting" of your debt. An accounting is a record of the secured creditor which indicates the total unpaid secured debt as of a certain date. That date cannot be more than 30 days earlier and it cannot be more than 35 days later than the date of the record. An accounting also identifies the component parts of the debt in reasonable detail. You can make this request both before and after any default. The secured creditor must respond to any request for an "accounting" within 14 days after receiving the request. If the creditor fails to do so without reasonable cause, the creditor must pay you a $500 penalty, as well as any monetary damages you incurred as a result of not getting this accounting. The creditor cannot charge you any fee for the accounting, as long as you do not request one more than once every six months. If you make the request more frequently, the creditor may charge up to $25 for each additional request.

Other Defenses To A Deficiency Claim

If the automobile was a lemon or had a number of significant things wrong with it, you may have a breach of warranty defense. Also, if the creditor promises to forgive the debt if you voluntarily return the car, that is called an "accord and satisfaction", preventing the creditor from getting a deficiency. In addition, you should check to see if the deficiency lawsuit was filed more than four years from the date of your default. If so, the suit is filed too late under something called a "statute of limitations".

Your Remedies in Court When the Creditor Does Not Properly repossess or Resell Your Car or When the Notice About the Resale is Improper

If you think the creditor has not complied with all the legal requirements with respect to repossessing or reselling your car, you have remedies in court. You can use these remedies if the creditor sues you for a deficiency, or if advised, you can sue the creditor. In any such lawsuit, the creditor has the burden of proving that it complied with all the legal requirements. If the creditor has not complied with any of them, it is possible that the deficiency amount may be eliminated or reduced, or you may have a claim against the creditor for monetary damages (actual loss plus certain penalty amounts).

 A Court Can Order that the Deficiency Should Be Eliminated or Reduced if: 

 • The secured creditor illegally repossessed the car, or
 • The secured creditor failed to send you proper notices regarding the resale, or
 • The secured creditor failed to resell the car in a commercially reasonable manner

In such cases, the law presumes that the value of the car is equal to your debt (including expenses and attorney’s fees), thus eliminating any deficiency. However, the creditor can overcome this presumption by proving that the value of the car was less than your debt (including expenses and attorney's fees). In order to make this proof, the creditor must have the testimony of a witness who knows the value of the car; however, that witness cannot be an employee of the creditor. If the creditor makes this proof, then your deficiency may not be entirely eliminated, but it can still be reduced. In that case, your liability is limited to the amount by which your debt is greater than the amount the creditor would have recovered had it acted legally in all aspects of the repossession and resale.

A Court Can Order the Creditor to Pay You Monetary Damages and a Penalty Amount. If a creditor unlawfully repossesses your car, your "damages" equal the value of the car. If the creditor fails to send you proper notice about the resale or resells the car in a way that was not commercially reasonable, your "damages" equal the difference between the amount paid for the car at the resale and the amount the car was really worth. In certain cases, you may have suffered additional damages, as well. Whenever the secured creditor fails to comply with the law, a court can order the creditor to pay you all of your monetary "damages".

In addition, a court can order that the creditor pay you an additional penalty amount. When the security interest is based on a loan you took out when you bought the car, the penalty amount equals the "finance charge" plus 10% of the "cash price". The finance charge generally is the amount of interest you are paying over the life of the loan. The cash price is the price at which the seller offers to sell the car for cash, not including any finance charges. You can find the amounts for the "finance charge" and for the "cash price" on the contract you signed when you bought the car. For example, consider a case where the cash price was $20,000 and the finance charge was $10,000. If the creditor did not properly repossess or resell the car or if it gave an improper notice of the resale, then the penalty amount would be $12,000 ($10,000 plus $2,000).  

When the security interest is based on some kind of loan other than the one you took out when you bought the car, then the penalty amount is the finance charge plus 10% of  the "principal amount of the debt". The principal amount of the debt generally refers to the amount you borrowed, not including the finance charge. For example, consider a case where you put up your car as collateral on a short term loan that gave you cash you needed to meet an immediate short-term cash flow problem. The principal amount of the debt was $3,000. The finance charge was $700. If the creditor did not properly repossess or resell the car or if it gave an improper notice of the resale, then the penalty amount would be $1,000 ($700 plus $300).  

You are not entitled to receive the penalty amount if the only thing the creditor did wrong was to fail to send you the written explanation of the deficiency after the resale. (However, as noted above, you can also get a $500 penalty if the creditor fails to respond properly to your request for an "accounting" within 14 days of receiving your request). Even if your deficiency balance is eliminated or reduced, as discussed above, you may still recover damages for the loss of any "surplus" (the amount by which the actual value of the car is greater than the deficiency balance), and you can recover the penalty amount.

You may have additional rights. If the creditor had no right to repossess the car at all, you may have additional rights, possibly including the right to sue the creditor for the entire value of the car or your equity interest in it. You should always consult an attorney if you can to determine your rights.

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