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  1. #1
    Join Date
    Dec 2018
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    Default Can You Dispute a Title Loan Issued After You Purchased a Vehicle

    My question involves a consumer law issue in the State of: ohio

    Hello, I bought a totaled car to rebuild on craigslist. I paid cash, got a receipt that says what I bought, how much, and who I bought it from. I wanted the title but the guy didnt have it at the time. I looked up the VIN on the BMV site and the title had no liens but it wouldnt reviel whose name was on the title. He said its misplaced and he would find it soon or get a duplicate to send me. So I accepted his promiss and towed the car away. Its been 5 months now and Im tired of the excuses. So I look into how to use the receipt to get my own duplicate. I also looked up the VIN again on the BMV.

    To my shock, 2 months ago, somebody got a title loan on that title. I call the title loan company and they admitted that they did loan out on that title without seeing the car or knowing that it was totated and sold to me. I tried to get them to tell me who they loaned money too, to make sure it was the same guy I bought it from. I also wanted the guys address that he stated on the loan agreement. The title company refused to give me any info on who they loaned to or how much was loaned and insisted that I must give them my personal info including address and SSN.

    I refused since they refused to give me any info. They have my phone number in case they want to talk about this further. But now Im worried they might try to take the car from me if they find out where I live. They have my first name and cell phone number only. But that may be all they need. I also cant drive it since I cant get plates for it after I fix it up. So I was thinking.

    The title loan company took the title without even looking at the car. So they aided and abetted a criminal that had planned to commit fraud. I assume for now that the guy they loaned to is the same guy that sold me the car. I looked him up and he has recent criminal convictions. Traffic and big pot grow operations. But I want to know if I can win a suit against a title loan company that negligently interfered in my car purchase? Or do they have the right to come on my property and take my car from me? It never occured to me that anybody anywhere would pay good money for only a title. So I figured I would get the title soon, even if it was lost. Thanks in advance for your inciteful info.

  2. #2
    Join Date
    Sep 2010
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    18,537

    Default Re: Can I Win a Suit Against a Title Loan Company

    Why on earth is it the Title loan companies problem that you paid money to a guy who didn't give you the title?

    The title loan company's failure is that they made a loan with a worthless car as security. They certainly have ZERO duty to you. They have a perfectly valid secured lien on the title which trumps your claims when it comes to repo/possession of the vehicle.

    Your recourse is solely against the person who took your money but never gave you the title to the car (which was YOUR mistake to not get at the time you paid him).

  3. #3
    Join Date
    Mar 2013
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    16,217

    Default Re: Can I Win a Suit Against a Title Loan Company

    Quote Quoting stts
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    But I want to know if I can win a suit against a title loan company that negligently interfered in my car purchase?
    Never.

    Quote Quoting stts
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    Or do they have the right to come on my property and take my car from me?
    Yes.

    Quote Quoting stts
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    It never occurred to me that anybody anywhere would pay good money for only a title.
    Why not? You paid good money for a car without a title.

    I hope you haven't fixed it up already.



    By the way, I heard a rumor that there is a support group forming for people who bought cars without titles. They go to meetings, have coffee and donuts, and each in turn gets up and says "I'm ____. I bought a car without a title."

  4. #4
    Join Date
    Dec 2018
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    3

    Default Re: Can I Win a Suit Against a Title Loan Company

    Well, it is rather sad that I have little recourse in this situation. But I did leave myself with that sliver if things went wrong. Dad died in a wreck of his beloved car. That wreck is now in my name with a legal title. It was not insured so there was no classifying it as officially totaled requiring a salvage title. So what I can do is strip the liened car of its front end and weld it to dads car to make it run again without all the official red tape. The liened car is potentially nicer, but I can take all the nice stuff and bolt them into Dads car. Its better time spent for me than going to "support groups". Then the title loan company can cart away the skeleton when Im done. It sounds like this is my best recourse.

  5. #5
    Join Date
    Jul 2018
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    670

    Default Re: Can I Win a Suit Against a Title Loan Company

    Quote Quoting stts
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    I wanted the title but the guy didnt have it at the time. I looked up the VIN on the BMV site and the title had no liens but it wouldnt reviel whose name was on the title. He said its misplaced and he would find it soon or get a duplicate to send me. So I accepted his promiss and towed the car away.
    A rather obvious and huge mistake.

    Quote Quoting stts
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    I tried to get them to tell me who they loaned money too, to make sure it was the same guy I bought it from. I also wanted the guys address that he stated on the loan agreement. The title company refused to give me any info on who they loaned to or how much was loaned
    I'm not 100% certain, but it is likely that disclosure of this info would have violated the law. Nor would it have been very smart simply to accept the statement of a guy who randomly called and claimed to have bought the car without a title.

    Quote Quoting stts
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    So I was thinking. The title loan company took the title without even looking at the car. So they aided and abetted a criminal that had planned to commit fraud.
    I wouldn't expect a title loan company to "look at the car" (although it's certainly not smart business not to at least lay eyes on the collateral). Also, how is what the title loan company did any different than what you did -- i.e., take possession of a vehicle from a person who had no title and whom you had no reason to believe was the title owner? And it's not as though the loan company knew the person was committing fraud. Moreover, it's entirely possible that the person who got the loan was not the guy who gave you possession and was the actual title owner (i.e., it's possible that the person who sold it to you isn't the title owner and that you bought a stolen car).

    Quote Quoting stts
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    I assume for now that the guy they loaned to is the same guy that sold me the car. I looked him up and he has recent criminal convictions. Traffic and big pot grow operations.
    It's unfortunate that you didn't do this before handing over $X in cash to this guy.

    Quote Quoting stts
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    I want to know if I can win a suit against a title loan company that negligently interfered in my car purchase?
    The loan company didn't interfere with anything. Moreover, you were at least as negligent when you made the purchase.

    Quote Quoting stts
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    Or do they have the right to come on my property and take my car from me?
    Assuming "they" refers to the loan company, assuming it properly perfected its lien, then it certainly has a right to take possession if there is a default on the loan agreement. Your claim to ownership would not trump the loan company's lien because you failed to properly document the title transfer. It wouldn't surprise me in the slightest if the law would allow an agent of the lender to enter onto your property for purposes of repossession.

    Quote Quoting stts
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    So what I can do is strip the liened car of its front end and weld it to dads car to make it run again without all the official red tape. The liened car is potentially nicer, but I can take all the nice stuff and bolt them into Dads car. Its better time spent for me than going to "support groups". Then the title loan company can cart away the skeleton when Im done. It sounds like this is my best recourse.
    Except that you're now on notice of a superior lienholder, so stripping the car in this manner could get you sued.

  6. #6
    Join Date
    Dec 2018
    Posts
    3

    Default Re: Can I Win a Suit Against a Title Loan Company

    Yea, all these responses make sence to me so Im convinced that I will never get the title to this car. And the title loan company knows it was totaled in an accident so they will not have as much desire to invest in tracking down this car and towing it away. But just in case, I wont make it easy for them and tell them more to help them catch the crook. I am now sure they would only come after me first and only log the crook as somebody to never loan to again. So Ill strip this car to rebuild my dads car and have a ton of spare parts. Then the skeleton will be left for whatever. And I will say to whoever that I bought the car that way and nobody can prove otherwise. Its not the best resolution of this situation because the car is economically rebuildable. But there is no choice because I am now sure I will never see the title to this car. Thank you all for you incite. It was helpfull.

  7. #7
    Join Date
    Jul 2010
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    7,428

    Default Re: Can I Win a Suit Against a Title Loan Company

    Quote Quoting stts
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    So Ill strip this car to rebuild my dads car and have a ton of spare parts.
    That would be unwise. If the title loan company knows you have the car, they may have already taken steps to document it's current condition.

    Quote Quoting stts
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    Then the skeleton will be left for whatever. And I will say to whoever that I bought the car that way and nobody can prove otherwise.
    Just remember if you get sued, saying that in court is perjury. You can go to jail for that.

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