[spikecola]

My question involves business law in the state of: SC

Background: assumed a commercial loan for motor vehicle ($130K) and signed personal guaranty. A specific power of attorney was signed for transfer of ownership and registration for the bank.

The bank failed to transfer title in company name or my name.

No payments were made

Bank repossessed vehicle

My position how can the bank commence lawsuit when the vehicle was never titled in my name nor transferred. I could not use the vehicle legally.

Question: Can the bank hold my company responsible without transferring title?

Can the bank hold me responsible since I signed a personnel guaranty?

Can I file a motion for dismissal? I can show the vehicle was never transferred or registered in my name.

Thanks for the responses.

Spike

[OhMy]

When you sign for a loan with a bank you owe the money. No matter what happens to the auto, you still owe the loan. Since you signed the guaranty you are liable for the full amount plus the cost of repo, legal fees, storage fees, and interest on the loan.

Yes even if the vehicle was never registered in your name you did sign the loan so you are responsible for it.

I know that this is not what you wanted to hear, but this is how it works, sorry.