422.417 Restrictions on security interests.
(1) With respect to a consumer credit sale a seller may take a security interest only in:
(a) The property sold;
(b) Goods upon which the property sold is installed or to which it is annexed, or goods upon which the services sold are performed, if the obligation secured is $500 or more;
(c) Real property to which the property sold is affixed, or which is maintained, repaired or improved as a result of the sale of the property or services, if the obligation secured is $1,000 or more; and
(d) Goods of the consumer which were the subject of a prior transaction with the seller which is consolidated (s. 422.206) with the consumer credit sale, or if the consumer credit sale is made pursuant to an open-end credit plan, goods previously purchased by the consumer pursuant to the plan, subject however to s. 422.418.
(2) With respect to a consumer lease, except as otherwise provided in s. 429.205 with respect to a motor vehicle consumer lease, a lessor may not take a security interest in any property owned or leased by the customer other than the leased goods to secure the lessor's obligations under the lease. This subsection does not prohibit a security interest in a cash security deposit for a consumer lease of motor vehicles.
(3) With respect to a consumer loan, in addition to the limitations on security interests required by 12 CFR 227.13 (d), 12 CFR 535.2 (a) (4) or 16 CFR 444.2 (a) 4, if any, a lender may not take a security interest, other than a purchase money security interest, in:
(a) Clothing of the customer and the customer's dependents and the following, if they are not fixtures: dining table and chairs, refrigerator, heating stove, cooking stove, radio, beds and bedding, couch and chairs, cooking utensils and kitchenware; or
(b) Real property if the obligation secured is less than $1,000.
(4) A violation of this section is subject to s. 425.304.
History: 1971 c. 239; 1973 c. 3; 1975 c. 406, 407, 421; 1981 c. 20, 391; 1985 a. 256; 1989 a. 359; 1991 a. 316; 1995 a. 329; 1997 a. 302.
Structure Wisconsin Statutes & Annotations
Wisconsin Statutes & Annotations
Chapter 422 - Consumer credit transactions.
422.201 - Finance charge for consumer credit transactions.
422.203 - Delinquency charges.
422.205 - Finance charge on refinancing.
422.206 - Finance charge on consolidation.
422.207 - Advances to perform agreements of customer.
422.209 - Rebate on prepayment.
422.210 - Agricultural credit transactions.
422.301 - Requirements of federal act.
422.302 - General requirements and provisions.
422.303 - Form requirements other than open-end or discount.
422.304 - Prohibition of blank writings.
422.306 - Receipts; accounting; evidence of payment.
422.307 - Estimates or approximations.
422.308 - Open-end credit disclosures.
422.310 - Refund anticipation loans.
422.402 - Balloon payments prohibited.
422.403 - Maximum periods of repayment.
422.404 - Assignment of earnings.
422.405 - Authorization to confess judgment prohibited.
422.406 - Negotiable instruments.
422.407 - Defenses assertable against an assignee.
422.409 - Notice of assignment.
422.410 - Statements of compliance or performance.
422.412 - Restriction on liability in consumer lease.
422.413 - Limitation on default charges.
422.414 - Use of multiple agreements.
422.415 - Changes in open-end credit terms.
422.4155 - Notice of termination of liability.
422.416 - Referral transactions prohibited.
422.417 - Restrictions on security interests.
422.418 - Security interests: consolidations; open-end credit plans.
422.421 - Variable rate transaction.
422.502 - Registration requirements.
422.503 - Prohibited activities.