Voluntary Surrenders of Assets
Voluntary Surrender services
Is a Voluntary Surrender or Repossession the Better Option?
Although both voluntarily surrendering your vehicle; camper, RV, boat, and having your item repossessed are considered derogatory, the benefit to a voluntary surrender is that it shows you were communicating and cooperating with your lender. By returning the asset, you are taking responsibility for your financial issues and trying to work with the lender—rather than forcing it to take more drastic action.
You also avoid the uncomfortable situation of having a towing company come and remove your car from your home or place of employment. And, you may avoid owing additional fees, such as towing charges, repossession fees, or additional costs/fees that can be avoided.
By working with your lender, you are also maintaining a more positive relationship. Because you aren't completely burning that bridge, the lender may be willing to extend credit to you much sooner after your financial challenges are resolved.
Call us today for a free consultation.
Landlord vs. Tenant: Forbearance Agreement
Avoid having your locks changed!
Forbearance agreements work!
- Bailiff works with both landlords and tenants to get you back on track,
- Peace of mind with full transparency,
- Enter into a repayment agreement with confidence, giving you the stability to keep running your business,
- No more stress or anxiety.
Solutions, not more Problems - Sleep better at night. Just a better option.
Call us today for a free consultation.
Vehicle Titles (Ownerships) in Ontario
Searches for transfers of Vehicle Titles (Ownerships) in Ontario. Has a vehicle been left on your property and need it removed? Lost your ownership? Replacement vehicle ownership?
We specialize in:
- Securing new or replacement titles so you can register your Cars, Trucks, Campers, RV's, Heavy Equipment, Trailers and Transport Trucks etc.
- Finding a lost title so you can transfer ownership.
- Issuing titles for assets that have been abandoned, impounded, repossessed, or unclaimed.
- Getting a new title for purchased or sold; at private or public sale or auction.
ONLY $595.00* plus disbursements.
How it Works - We go the extra mile to get you a New Title / Ontario Vehicle Ownership!
Appointed and or Licensed Bailiffs in the Province of Ontario are Authorized to conduct Searches and Transfer of Ownerships. This allows a Ontario Bailiff to obtain ownership titles and registrations on behalf of others. Due to the RSLA - Repair Storage Liens Act R.S.O. 1990- laws in the Province of Ontario, a Bailiff is able to get vehicle titles that residents in Ontario would have great difficulty obtaining (or not be able to obtain at all) - usually obtaining a court order and going thru the long court process. Not all transfers can be processed by a Bailiff, so contact your lawyer or a Bailiff to find out.
Here's how to get a new or replacement vehicle title using our service:
- Call us and talk to one of our Bailiffs on call.
- Once your assignment has been accepted and payment has been received, a Bailiff specialist will be assigned to you.
- Your Bailiff will ask you to provide supporting documentation .
Documentation that may be required :
- Photos of the vehicle and photos of the VIN/HIN tag -
- A Bill of Sale -
- Copy of your Driver's License -
- Proof of Insurance -
- Valid Drivers Licence -
Some of this documentation can be sent by email, or faxed ; other information will have to be to be sent to us via Canada Postal Mail or Fed Ex . Once all information is received by the Bailiff , we will mail you a new vehicle title. You can expect to have your new or replacement title in 45 to 90 days.
Note: All new clients will be required to have a face to face meeting with a Professional Bailiff, before proceeding with the transfer process.
COMMERCIAL TENANCIES ACT - LOCKOUT/DISTRAINT OF ASSETS
Often Bailiffs are approached by Ontario Commercial Landlords, whose tenant is in arrears, with the request "Lock Them Out". Their intent being to hold the goods located inside the leased premises as ransom or to liquidate the goods to recover rental arrears.As a result we are regularly explaining that among the remedies available to Ontario Commercial Landlords the procedures known as TERMINATION (a.k.a. lock them out) and DISTRESS (seizure / sale) are inconsistent remedies in law, meaning they cannot be conducted simultaneously.
Recent court precedence takes the position that when a landlord, while intending to distress, changes the locks (preventing the tenant access to the premises) they are deemed to have terminated the lease. In addition to forfeiting the goods a landlord may also be liable to the tenant for costs, loss of business and punitive damages.
When a tenant has failed to pay the rent, the landlord has one of two options available:
OPTION 2: BAILIFF CAN SEIZE AND DISPOSE OF A TENANT'S PROPERTY - (DISTRESS)
A landlord can hire a Bailiff to seize and dispose of a tenant’s property that is contained within the rented premises. The landlord is not required to give advance notice of seizing the tenant’s property, unless the lease provides for it. However, Ontario Bailiffs are required to notify the tenant of the distress and the sum of monies required to cure the default before proceeding to sell the seized property.
Before disposing of seized property, the Bailiff must hold it for five days. If the proper payment is made by the tenant in this five day period, the Bailiff is not permitted to sell the tenant’s property. Otherwise, after the proper appraisals are made, the property can be sold. There must be 2 independent accredited personal property appraisals done before liquidation of the assets can be sold.
Example: January 1st – rent due and not paid
January 2nd or later – seize tenant’s property and notify the tenant of intent to dispose.
Five days after seizure – obtain 2 appraisals and dispose of tenant’s property if the proper payment is not made by the tenant.
RSLA - Repair Storage Liens Act Repossessions by Bailiff
RSLA - Repair Storage Liens Act Repossessions by Bailiff
RSLA - Repair Storage Liens Act Repossessions by Bailiff
Bailiff Services for Repair Storage Liens Act Enforcements (Repos)
Enforcement of the RSLA, a Bailiff Repossession can be enforced under the previsions the Repair Storage Liens Act in Ontario.
When a client has failed to pay for a repair or storage of goods, the repairer or storer can:
RSLA - Repair Storage Liens Act Repossessions
-Repossession of vehicles
-Ownerships for abandoned vehicles
-Lien Registrations and Searches
-Lien searches
The Repair and Storage Liens Act ("RSLA") covers the repair and/or storage of "articles," defined as "tangible personal property other than a fixture."
A "repair" "means an expenditure of money on, or the application of labor, skill or materials to, an article for the purpose of altering, improving or restoring its properties or maintaining its condition…"
Though the term "storage" is not defined in the Act, a "storer" is "a person who receives an article for storage or storage and repair on the understanding that the person will be paid for the storage or storage and repair, as the case may be."
Ontario Bailiffs can enforce your right under the RSLA, fast and efficiently.
-WE ARE EXPERTS in the seizure of heavy trucks and equipment
Repossession of vehicles:
- Ownerships for abandoned vehicles
- Lien Registrations and Searches
- Lien searches
- WE ARE EXPERTS in the seizure of heavy trucks and equipment.
- Vehicle Condition Reports and photos
- Accredited Personal Property Appraisal available
- $195.00 * lien registration fee up front but
100% REFUNDABLE to repairer on seizure of vehicle
PPSA - PERSONAL PROPERTY SECURITY ACT Repossessions
RSLA - Repair Storage Liens Act Repossessions by Bailiff
RSLA - Repair Storage Liens Act Repossessions by Bailiff
Bailiff Services of Debit Security Enforcements
- PPSA Bailiff Repossession of goods in Ontario
Debt secured by goods goes into default, the lender can immediately retain a Bailiff
Ontario Bailiff can enforce the PPSA - Act in Ontario;
Debts are secured in one of two ways. They are secured either by land or by goods.
If secured by land, the security takes the form of a mortgage that is registered against title to the property. If secured by goods, the security takes the form of a Notice of Security Interest that is registered with a Notice of Security Interest under the Personal Property Security Act (the “PPSA”), usually identifying the specific goods pledged as collateral.
If the debt secured by land goes into default, the mortgagee can bring an action for power of sale against the mortgagor under the Mortgages Act and eventually sell the property to cover the debt. However, this can be a long and costly court procedure. This is why it is usually beneficial to also secure the debt against goods, as well as the land, because collection against goods is faster and more cost efficient.
If the debt secured by goods goes into default, the lender can immediately retain a Bailiff to go in and seize the goods that were pledged as collateral to the loan. The security must be registered under the PPSA, but after only 15 days notice, the Bailiff is able to sell the goods in satisfaction of the debt. It is a fast and efficient remedy, and allows the debt to be dealt with before the arrears get too high.
The PPSA allows debts to be secured against both land and goods, giving the lender the option to proceed against one or the other, or both. The provisions of the Mortgages Act allow the debtor so many delays and options to prolong the process, it is good practice to include a security in goods, in addition to the mortgage, just to ensure that effective steps can be taken to get payment on the debt before the arrears get out of control.