The Vulture Brief – Lawyers Using Shelter in Place as an Additional Breach of Peace

Risk Emerging in Repossessions from the Gray Area of the “Essential Worker” Definition

EDITORIAL

Shelter in place restrictions are being loosened in more than twenty states in the nation and, as evidenced by the emails being delivered by numerous lenders and forwarding companies “chomping at the bit” to get the industry back into the field, and in some cases, for reduced fees. Under more reasonable and clear conditions, this wouldn’t be that big of a deal, but alas, there are still many major lingering issues that have not been clarified by either the federal governments or the states themselves. This is the issue of clear authority to perform repossession activity as an “essential worker” and, as evidenced by a recently received pre-legal lawsuit threat letter, there is high risk that even an activity as reasonable as a voluntary repossession could land a repossession agency in court over a breach of peace.