Difference between revisions of "Creditors' Remedies against Debtors (10:III)"

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==== f) Rights of Redemption and Reinstatement ====
==== f) Rights of Redemption and Reinstatement ====


Under s 62, a debtor has redemption rights. Any person entitled to notice of a pending disposition of collateral may “redeem” the collateral  by tendering to the secured party fulfilment of the obligations secured by the collateral plus the reasonable expenses incurred by the secured  party associated in seizing the collateral or otherwise preparing it for disposition. The aforementioned obligations may simply be the amount  in arrears; however, it is more often the case that an acceleration clause applies, and that the obligations will be the total amount of the debt. Where the security agreement contains an acceleration clause, the debtor may apply to court for relief from the consequences of default  or for an order staying enforcement of the security agreement’s acceleration provision.  
Under s 62, a debtor has redemption rights. Any person entitled to notice of a pending disposition of collateral may “redeem” the collateral  by tendering to the secured party fulfilment of the obligations secured by the collateral plus the reasonable expenses incurred by the secured  party associated in seizing the collateral or otherwise preparing it for disposition. The aforementioned obligations may simply be the amount  in arrears; however, it is more often the case that an acceleration clause applies, and that the obligations will be the total amount of the debt. Where the security agreement contains an acceleration clause, the debtor may apply to court for relief from the consequences of default  or for an order staying enforcement of the security agreement’s acceleration provision.
 
Where the collateral is a “consumer good”, the calculation of the obligation secured and the obligation that must be tendered is varied. The debtor may “reinstate” the security agreement by paying only the monies actually in arrears – negating the operation of any acceleration clause. The debtor may waive this right but any such agreement must be in writing after default. Note that the number of times the debtor may  reinstate the security agreement is limited depending on the period of time for repayment set out in the security agreement; however, the  frequency of reinstatement may be varied by agreement between the parties. 


===12. Consumer Goods ===
===12. Consumer Goods ===
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