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He finnace the with his car and confronted the AAR tow truck drivers. An altercation ensued and, once ms finance sheriff's department arrived, Schwibinger was arrested for disorderly conduct. AAR repossessed 4 more vehicles for a ms finance of Because the repossessed vehicles didn't cover the outstanding loan balance, AFC also attempted to take four vehicles in North Dakota that Schwibinger owned individually.

The money was to come from the sale of Smart Auto, and Schwibinger wanted AFC to give his attorney the vehicles under continue reading bailment agreement until the deal closed. AFC requested a hold harmless clause in the agreement for ms finance claims based on the repossession, but Schwibinger refused. Ultimately, the deal fell through. AFC ms finance nine of the repossessed vehicles at auto auctions.

As it turns out, the 11 other vehicles had odometer or title problems because they ms finance from Canada. These vehicles would not have fetched a ms finance this web page at an auction because they would have had to be sold "mileage unknown. AFC brought suit to recover the remaining ms finance on the loans plus costs and fees associated with collection.

Schwibinger responded that ifnance had not defaulted on the loans and AFC failed to mitigate its damages by refusing to allow him to redeem his vehicles and then selling them for too low a price.

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