Motion to Avoid Nonpossessory Nonpurchase-Money Security Interest — Passive Notice (also known as "Passive Motion to Avoid") is a legal motion that requests a court to set aside a security interest based on a creditor's failure to provide the debtor with proper notice of the security interest. This motion can be filed by a debtor who has had a security interest placed on their property without their knowledge or consent. The motion requests that the court invalidate the security interest and restore the debtor's full rights to the property. There are two types of Passive Motion to Avoid: 1) Motion to Avoid Nonpossessory Security Interests and 2) Motion to Avoid Nonpurchase-Money Security Interests. Both motions require the same basic elements: 1) Proof that the debtor was not given proper notice of the security interest, 2) Evidence that the security interest was not a purchase-money security interest, and 3) Evidence that the security interest was nonpossessory.
Avoid Nonpossessory
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How to fill out Motion To Avoid Nonpossessory Nonpurchase-money Security Interest - Passive Notice?
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