Monday, September 27, 2010

Top Complaints from Massachusetts Consumers

Boston.com recently compiled this list of the top consumer complaints in Massachusetts. It's an interesting list because in addition to the perennial favorites--car dealers, home improvement contractors, debt collectors, etc.--two list items relate to foreclosure and loan modification services. It's the wild, wild west right now for those services, with shady operators opening businesses preying consumers needing legitimate relief from burdensome mortgages. Whenever there is a boom in demand for something, scam artists emerge with big promises and flashy ads to trick the credulous public. Be very careful if you are considering answering a TV or radio ad for mortgage-related services. Instead, consider contacting a trusted referral source for a recommendation, or contacting a licensed and insured Massachusetts attorney.

Monday, September 13, 2010

Fraud or Trickery in Massachusetts Car Repossession

As I previously wrote, in the course of a Massachusetts car repossession, it routine (and illegal) for repossession agents to come onto your property late at night, wake you up, and demand your car keys. This is illegal because repo men cannot come onto your property at all or at any time to repossess your vehicle without getting your permission ahead of time.
However, another common illegal practice is that repo agents, when bargaining for your keys, will cross the line and lie to you about what will happen if you don't comply. The ones I have heard most frequently are:
1. We'll damage your car if we have to tow it. First, they cannot tow a car out of your driveway without your permission. Second, they are not allowed to damage your car even if they do. This statement, in itself, subjects a repossession company to liability under the Massachusetts Division of Banks regulations.
2. The creditor will charge you more money if we have to tow the car. Well, taking the car over your objection is illegal in the first place--both as a statutory trespass and a breach of the peace--so as creditor should not be able to impose a charge on your for an illegal act.
3. If you don't give us the keys, we'll just take the car anyway (or call the police). That's a similar threat to those above, but its simplicity and frequency draws attention to a basic fact. A repo agent has no right to do that and due to the the Massachusetts Division of Banks regulations has no right to even make a false threat. If they actually do call the police, this is illegal as a breach of the peace.
False threats, lies, and trickery are not always enough on which to base a case. However, such unlawful act are almost accompanied by others.

*Note: If your car has been repossessed in Massachusetts, we might be able to help. However, due to high call volume after I posted information here about Massachusetts car repossession, we must first receive the completed form found here: http://www.mass-legal.com/repo_quest.asp. We will review your matter confidentially and free of charge.


Sunday, September 12, 2010

Late Night Car Repossession

Car repossessions in Massachusetts are often done at odd times. Just this past week, we received one call about a repossession at 1:00 a.m. and another at 3:00 a.m. Why do repossessions happen so late? Is this legal? I'll try to answer both of those questions here.
Why are repossessions done late at night or early in the morning when people are sleeping? The industry would likely say that it's because more cars are at people's homes when people are sleeping. This makes some sense. They would also likely say that it is easier to avoid confrontation when people are sleeping. While it is true that cars are most often at home during the night, they are also often home in the early to later evening when people awake but home for the night. Moreover, the notion about it being easier to avoid conflict while someone is sleeping is turned on its head in Massachusetts. Here's why. In Massachusetts, we have a law that says that the repo man cannot come onto property you own or rent to take your vehicle without your permission. Consequently, a repo man will usually wake you up and attempt to get the keys from you rather than simply tow the car from your driveway. That means getting you up out of bed in your pajamas for a late-night confrontation: Hardly a scenario designed to avoid trouble. Even putting aside the issue regarding the time of a repossession: this practice is generally illegal because a repo man needs your permission before he steps onto your property, not after.
So the bottom line is that a repo man cannot come onto your property late at night--or at any other time--to take your car without your permission. However, if your car is parked on the street, there is likely no issue regarding what time of day or night your car is towed away.

You can find more about car repossession law in Massachusetts here.


*Note: If your car has been repossessed in Massachusetts, we might be able to help. However, due to high call volume after I posted information here about Massachusetts car repossession, we must first receive the completed form found here: http://www.mass-legal.com/repo_quest.asp. We will review your matter confidentially and free of charge.