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  1. #1

    Default Lender is Holding Vehicles, Investigating Loans Following Drug Arrest, Forfeiture

    My question involves criminal law for the state of: California
    Hi. Last month I was indicted on 3 charges. 2 of them being marijuana related and 1 of them regarding assett forfeiture, on the day of my arrest the DEA decided to take all of of our cars! The search warrant and arrest warrant involved did not allow for seizure of any vehicles so I simply assumed it was to become a civil matter. Anyways, half of these vehicles taken were under finance with local lenders and had almost no equity. Today I was happy to notice that my local bank had gotten 2 of my cars back into there possession. The government evedently realized that there was no value in siezing them And returned them to the lienholder on title. I am current with all payments and have never been late a day in my life. Both vehicle have been financed through the bank approx 12 months ago and all payment have been made on time. So just as I am getting excited to actually get my cars back the bank tells me that they need approx 30 days to investigate my loans against the vehicles to determine if the loans were obtained using false financials and what not and if so apparently I will not get my vehicles back. Do they have the right to do this? Do they have the right to legally keep my vehicles even if all my payments are current just because they suspect the loans were illegally obtained! I am now assuming this is a civil matter between myself and the bank. Please help me as time is of the essence. I have worked hard to pay for these cars. The dea has given Them back and now the lienholder is trying to act as the law and control them. What legal rights do I have being the registered owner and paying ontime with all my payments.

  2. #2
    Join Date
    Jan 2012
    Location
    Tacoma, WA
    Posts
    1,534

    Default Re: Dea Arrest and Assett Forfeiture 7 Vehicles Siezed

    If the lender determines that you made false statements to obtain your loan, then yes, they can cancel the loan and reposes the vehicles. Your only option to get the cars back immediately is to pay the outstanding loan amount in full. The only other option is to contest their claim that you falsified your loan contract in civil court.

  3. #3
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Lender is Holding Vehicles, Investigating Loans Following Drug Arrest, Forfeiture

    As OP almost had the cars seized for recreational activities, it is understandable the bank wants to asses their security interests.

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