(a) The holder of this ticket may redeem the article pledged at any
time prior to sale at private sale or public auction first following
default. The article pledged may not be sold at private sale or auction
until it has remained four months in the collateral loan broker's
possession.
(b) If the article pledged is sold at private sale or public auction,
money, if any, in excess of the amount of the loan, interest, lawful
auctioneer's commission, if applicable, lawful extra care charges and
the expenses of the advertisement of sale, if applicable, shall be paid
to the holder of the pawn ticket.
(c) If the collateral loan broker shall purchase the article pledged
at auction the holder shall have an additional ten days to redeem the
article pledged by paying to the collateral loan broker the amount of
the loan, interest, lawful auctioneer's commission, lawful extra care
charges and the expense of the advertisement of sale.
(d) A holder may sell this ticket to a third party at any time prior
to private sale or auction, or he may sell this ticket to the collateral
loan broker any time ninety or more days after the article was pledged.
(e) If this ticket is sold to a collateral loan broker the holder may
redeem the ticket within ten days after the sale by paying to the
collateral loan broker the amount paid for the ticket.
3. Notwithstanding any general, special or local law or ordinance to
the contrary, if a collateral loan broker in good faith and without
knowledge extends credit on a loan, the collateral for which was
entrusted to the pledgor on consignment or was entrusted by a merchant
dealing in goods of the kind pledged to the pledgor who was a merchant
dealing in goods of the kind pledged, the collateral loan broker shall
be required to relinquish the collateral to the legal owner provided the
amount of the loan and interest due is paid.
Structure New York Laws
Article 5 - Collateral Loan Brokers
41 - Licenses, How Obtained; Penalty for Carrying on Business Without License.
41-A - Continuing Education Requirement.
43 - Certain Entries to Be Made in Book.
45 - Book to Be Open to Inspection.
47-A - Collateral Loan Broker Dealing With a Child.
48 - Sale of Unclaimed Pledge by Collateral Loan Broker.
49 - Notice of Such Sale; Report.
51 - Violation of This Article.