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Foundational Concepts & Principles Flashcards

7 cards from real CARS practice questions. Tap to flip, then mark Knew It or Still Learning โ€” missed cards come back until you master them.

Read the first 7 Foundational Concepts & Principles flashcards as text
  1. A 'breach of the peace' during repossession is most likely to occur when:

    Answer: The debtor verbally objects and the repossessor continues over protest

    Courts consistently hold that continuing a repossession after a debtor's clear verbal objection constitutes a breach of the peace.

  2. The primary purpose of a 'condition report' completed at the time of repossession is to:

    Answer: Document the vehicle's condition to protect all parties from disputed damage claims

    Condition reports document pre-existing damage and collateral status, protecting the creditor and agent from false damage claims by the debtor.

  3. A debtor's right of 'redemption' after repossession means the debtor can:

    Answer: Reclaim the collateral by paying the full outstanding balance plus repossession costs before sale

    Redemption allows a debtor to reclaim repossessed collateral by paying the entire debt plus costs before the creditor disposes of it.

  4. Which of the following is considered 'non-public personal information' (NPI) under the Gramm-Leach-Bliley Act that a recovery agent must protect?

    Answer: A debtor's account balance and loan history provided by the lender

    NPI under GLBA includes financial account information, balances, and loan history provided by financial institutions, which recovery agents must safeguard.

  5. In the context of asset recovery, 'reinstatement' differs from 'redemption' in that reinstatement:

    Answer: Allows the debtor to cure the default and resume original loan payments

    Reinstatement lets a debtor cure arrears and fees to restore the original loan agreement, while redemption requires paying the full balance.

  6. A 'lienholder' in the context of vehicle repossession is best described as:

    Answer: An entity with a legal security interest recorded against the vehicle's title

    A lienholder holds a recorded security interest in the vehicle title, giving them the right to repossess upon default.

  7. Which principle requires that a creditor's sale of repossessed collateral must be conducted in a 'commercially reasonable manner'?

    Answer: UCC Article 9, Section 9-610

    UCC 9-610 mandates that every aspect of a collateral sale, including method, manner, time, and place, must be commercially reasonable.