The Affidavit of Repossession is a critical legal document used in Hong Kong's financial and commercial landscape when a creditor needs to formally document the repossession of property or assets. This sworn statement is required when a party exercises their right to repossess property following a default or breach of agreement terms. The document must comply with Hong Kong's legal requirements for affidavits and includes detailed information about the parties involved, the property being repossessed, the circumstances leading to repossession, and the legal basis for the action. It serves multiple purposes: as an official record of the repossession, as potential evidence in legal proceedings, and as documentation for regulatory compliance. The affidavit must be sworn before a Commissioner for Oaths or Notary Public and may be required by courts, financial institutions, or regulatory authorities.
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1. Title and Jurisdiction: Specifies the document as an Affidavit of Repossession and the jurisdiction (Hong Kong)
2. Deponent Information: Full name, occupation, and address of the person making the affidavit
3. Capacity Statement: Establishes the deponent's authority to make the affidavit (e.g., as creditor, authorized representative)
4. Property Description: Detailed description of the property being repossessed, including all relevant identification numbers or marks
5. Loan/Agreement Details: Information about the underlying agreement that gives right to repossession
6. Default Statement: Description of the default or circumstances that justify repossession
7. Repossession Details: Date, time, and manner of repossession, including any relevant notices given
8. Property Condition: Statement about the condition of the property at the time of repossession
9. Verification Statement: Standard declaration of truth of the contents
10. Execution Block: Space for signature, date, and notarization/witnessing
1. Prior Attempts at Resolution: Details of attempts to resolve the matter before repossession, used when there were negotiations or payment arrangements
2. Third Party Claims: Statement regarding any known third-party interests in the property, included when relevant
3. Police Report Reference: Details of any police reports filed in relation to the repossession, if applicable
4. Storage Location: Information about where the repossessed property is being stored, if relevant
5. Insurance Details: Information about insurance coverage for the repossessed property, if applicable
6. Valuation Statement: Current value assessment of the property, included when relevant for future sale or settlement
1. Schedule A - Property Documentation: Copies of relevant property documentation (registration, title, etc.)
2. Schedule B - Loan Documentation: Copies of loan agreement, security documents, and payment records
3. Schedule C - Default Notices: Copies of all notices sent regarding the default and intended repossession
4. Schedule D - Photographs: Photographs of the property at the time of repossession
5. Schedule E - Correspondence: Relevant correspondence between parties regarding the default and repossession
6. Schedule F - Property Condition Report: Detailed report of the property's condition at repossession
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