The Affidavit of Repossession is a critical legal document used in Canadian jurisdictions when a creditor or their agent has repossessed property due to default on a loan or lease agreement. This sworn statement is required to formally document the repossession process and demonstrate compliance with applicable laws, including provincial Personal Property Security Acts and consumer protection legislation. The affidavit includes essential details such as the identity of the parties involved, description of the repossessed property, circumstances of the repossession, and confirmation of legal authority. It serves multiple purposes, including protecting the creditor's interests, providing evidence for potential legal proceedings, and maintaining a clear chain of custody for the repossessed property. This document is particularly important in situations where the repossession might be challenged or where formal documentation is required for insurance, legal, or regulatory purposes.
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1. Title and Declaration: Formal title of the document and declaration that this is a sworn statement
2. Affiant Information: Full legal name, occupation, and address of the person making the affidavit
3. Professional Capacity: Statement of the affiant's role in relation to the repossession (e.g., authorized representative of the lending institution, recovery agent)
4. Loan Details: Information about the original loan agreement, including date, parties involved, and default status
5. Property Description: Detailed description of the repossessed property including make, model, serial numbers, and identifying features
6. Repossession Details: Date, time, location, and circumstances of the repossession
7. Legal Authority: Statement of legal right to repossess under the security agreement and applicable laws
8. Property Condition: Description of the condition of the property at the time of repossession
9. Chain of Custody: Details of what happened to the property after repossession
10. Verification Statement: Formal statement verifying all information is true and correct
1. Notice of Default: Include when specific notices were required and sent to the debtor prior to repossession
2. Police Involvement: Include when law enforcement was present or involved in the repossession
3. Third Party Claims: Include when there are known claims or interests from third parties in the property
4. Personal Property: Include when personal property was found in/on the repossessed item
5. Resistance or Confrontation: Include when there was any resistance or confrontation during the repossession
1. Photographs: Visual documentation of the property's condition at time of repossession
2. Security Agreement: Copy of the original security agreement authorizing repossession
3. Default Notices: Copies of any notices sent to the debtor regarding the default
4. Incident Reports: Any reports filed regarding the repossession process
5. Property Inventory: Detailed inventory of any personal property found in/on the repossessed item
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