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  1. #1
    Join Date
    Jun 2010
    Posts
    1

    Unhappy Auto Repossession in Florida

    My question involves an auto loan or repossession in the State of: Florida

    I've been delinquent on my used car loan with my credit union, and I just got a message from them saying that someone is coming to get my car in "a few days" and that i need to clean it out.

    After going through a few details I deduced that the following things have not occurred. On my car title, there is nobody listen as the lien holder. Only my name is on the title. Also, the last time I went to my bank's branch to deposit money to pay towards my bill, I was asked by a confused teller, "Did you sign your PROM note?", I responded, "Uh, I assume so. I mean, if I didn't sign one, then I wouldn't have received the money to buy my car 3 years ago", and she responded with "well, there is a status message on your account stating that you have not signed it... hmm... it must be a mistake". (This was about 2 months ago when I first starting falling delinquent). I have a folder containing all of the paperwork I signed involving this loan. I've skimmed through it and found no copies of anything contract based. All thats there is a printed copy of my application with my signature. The form doesn't have any stipulations in references to anything contract based either. There was another form only stating that I received the money in the correct amount, no signatures. The only form I SIGNED was the printed copy of the electronic application.

    My question is this: Can the bank repo my car if they're not listed as the lien holder? Also, what legal defenses could potentially be at my disposal regarding not having signed a PROM note?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Auto Repossession in Florida

    If there is no lien and no contract permitting repossession, then there's no lien or contract permitting repossession. If there is either, then there wouldn't appear to be any reason why they can't repossess. Whatever else happens to be the case, you owe them the money you borrowed.

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