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Auction House - Fraud Dealer - Consumer - Credit Union TITLE DEBACLE

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  • Auction House - Fraud Dealer - Consumer - Credit Union TITLE DEBACLE

    Any help appreicated. I financed a vehicle with a credit union, purchased from a dealer who "bought" a car at auction. The dealer took bank payment and fled. The auction house has not given title to credit union which financed the vehicle. I, the consumer, current with financer, would like to sell vehicle and pay off loan, but there is no title at financer, so I can not sell, so I can not pay off loan.

    A) Has the financer failed in their responsibility to hold title and does this in any way negate our contract? Can I walk from vehicle? How?
    B) Does the auction house have a responsiblity to deliver title to financer, despite not being paid by the dealer. (Fraud action has been taken against dealer by state Dealer Board (p.s. 24 separate fraud counts against dealer, multiple similiar situations with several auction houses, but dealer is only bonded at 50k).

    This transaction occured 18 months ago. An investigation ensued 15 months ago. I did not expect I would be selling this vehicle and did not pursue the issue. (I have been continually issued temporary tags (60 day windows) and was simply enjoying that I was not having to pay vehicle registration. I thought I would be handing this vehicle down to one of my children at a distant future time.

    Suddenly, I need to sell. I have called bank to discuss solution, they referred me to legal department. They will not call me back. I have been making continued and timely payments... presently...

  • #2
    ... ... ...

    Crickets.

    Anyone?

    Comment


    • #3
      Please have patience. This is a volunteer board. The responders do not get paid for what they do here, but fit it in when they have time throughout their jobs and families and other aspects of their lives. I had not even seen your post when I left work today, and consumer law is not one of our stronger areas. When someone who thinks they know the answer or has an idea what resources you may have, they will post it. We do have a very good business law responder, but he doesn't come by every day. It is not unusual for it to take more than 6 hours for a response.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

      Comment


      • #4
        Das ist in der Doktor!

        I'm sure you're not going to like hearing this but you may be making payments on a car that's not yours to sell or likely will ever own.
        Another way of looking at is you're basically renting the car.
        The solution to your problem is usually State specific and since you didn't mention WHAT State you're in, I can do little more than offer general observations and comments.
        You may want to think about turning the car in and walking away but I'd DEFINITELY SPEAK WITH AN ATTORNEY AND OR THE BANK before doing so !
        And more than likely it will affect your credit rating, but you have the right to insert a statement explaining why you turned the car in.
        Title problems with cars always seem to be such a bit*h! and often are difficult to resolve and wind up costing the consumer more time and money than the car is worth.
        I don't know how much time you've given the banks legal dept. to get back with you but I'd keep bugging them, remember, it's their money and they expect you to pay the loan back, so they have a vested interest in talking with you. The way bank service is these days you just need to be persistent !
        If you get tired of waiting, go down to the bank and talk with them in person.
        And, speaking of loans, I'm sure you're aware that when a lending institution makes a loan on a vehicle, they assume the role of lien holder, meaning they own the vehicle until you pay off the loan and then they send you the title and it's your car free and clear.. You might casually mention the fact that with the title problems and all, they may have loaned you money on a car that they may have no title for either and ask them what would they do if you were to walk in and wanted to pay off the loan. They don't have to know you have no plans to pay off the loan, if nothing else it might shake them up a little and get their attention, ya think ?

        While you're waiting for a call back from the bank, you could check with your States Dept. of Consumer Affairs or its equivalent, the BBB, and see if they can be of any help, or an Attorney.
        It looks like the authorities are aware of the problem with this dealer and you are just one of many. You would think there should be a way of alerting the public wouldn't you. I'm sorry but I don't know what I could tell you that would move you to the front of the line.

        Something very similar to what you've described happened here and was in the news awhile back, there wasn't any follow up per say if a solution had been reached, but it was stated that under California law, it was a matter between the consumer and the dealer.
        It seems the State wants no part of something that could turn into a long and drawn out court battle with the State receiving nothing (read money) for its efforts.
        It was stated that the consumer could wind up taking it in the shorts because dealers here in California also have liability caps.
        Sorry I couldn't be of more help.
        Good Luck
        ..___________________
        ~ Free advice is like a public defender,
        you get what you pay for. ~ drr
        Last edited by drruthless; 09-11-2012, 04:44 AM.

        Comment


        • #5
          Colorado

          Thanks for the reply Dr. R. I actually stopped by a branch yesterday and the member services person was able to reach the legal dept directly. Funny how easy it is to ignore a phone caller vs. an upset member in the lobby. They were familiar with who I was and my issue. They would not speak to me directly, but through the service gal informed me that they had contacted the auction house legal team and were at a present stand still. They had no further information to share and made no apology for ignoring my inquiries. I do not intend on letting up any time soon.

          I will contact the consumer instituions you mentioned and seek help or precidence in Colorado. Good advise. Thanks.

          If you can recommend an attorney for this type of matter in Colorado, I am all ears.

          Comment


          • #6
            Das ist in der Doktor!

            Originally posted by mjgarn66 View Post
            Thanks for the reply Dr. R. I actually stopped by a branch yesterday and the member services person was able to reach the legal dept directly. Funny how easy it is to ignore a phone caller vs. an upset member in the lobby. They were familiar with who I was and my issue. They would not speak to me directly, but through the service gal informed me that they had contacted the auction house legal team and were at a present stand still. They had no further information to share and made no apology for ignoring my inquiries. I do not intend on letting up any time soon.

            I will contact the consumer instituions you mentioned and seek help or precidence in Colorado. Good advise. Thanks.

            If you can recommend an attorney for this type of matter in Colorado, I am all ears.
            Five minutes to type a response and hours worth of editing to make it look like I know what I'm talking about !! LoL !! well, never the less it sounds like you got the ball rolling, I just hope it doesn't rolling back on you.
            Good Luck and if you want, keep us updated

            As far as recommending Attorneys, we are not permitted to do that,
            but I can give you a hint,
            I think I'd go with the guy who still sounds interested,.. after you tell em how much ya want to spend just to talk to him...

            ..___________________
            ~ You know you need a different Attorney when during your initial consultation, he tries to sell you Amway
            Last edited by drruthless; 09-11-2012, 08:02 AM.

            Comment


            • #7
              For a referral to an attorney, you can check with your local or state bar assoc. or local legal aid society.
              Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

              Comment


              • #8
                More specific questions...

                Are there specific and defined responsibilities for lenders in vehicle transactions requiring them to ensure a clean title before committing funds to the transaction? If yes, where can I find those details? Thanks in advance.

                Comment


                • #9
                  Das ist in der Doktor!

                  Originally posted by mjgarn66 View Post
                  Are there specific and defined responsibilities for lenders in vehicle transactions requiring them to ensure a clean title before committing funds to the transaction? If yes, where can I find those details? Thanks in advance.
                  Again, that is something I believe that would be State specific
                  Since your question is about title transactions and what not, I'd be inclined to start with your local DMV, or what ever Colorado calls it, If nothing else they can point you in the right direction.
                  ..___________________________
                  ~ Anything not nailed down is mine,
                  anything I can pry loose, is not nailed down.

                  Comment

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