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  1. #1
    Join Date
    Mar 2009
    Posts
    1

    Default Receiving Car Title

    My question involves a banking matter in the State of: South Carolina

    I co-sign for my sons vehicle from a used car lot. The bank financed the vehicle. All papers was signed at the bank. We paid off the car loan. The bank said we should receive the title in 2 weeks. The day after we paid off the car loan, the car dealership contacted me stating that we owe them several payments, extending from several years ago. He also stated that when we was late with a payment he paid it for us. I told the dealer that we was not aware of this at all, and asked him if that agreement is in the bank contract, because i never heard of a third party co-signer without our knowledge, and he said "no", I stated that we should have been told this when we purchased the vehicle, because i would had never agreed to this. The vehicle is a used 2003 Chevy Cavilier. I told him that the bank finance our vehicle and all monies had been paid to them. The dealer said that he has the title and will not release it. This is the first time we spoken to this dealer since we purchased the vehicle 2 2 1/2 years ago. And if he indeed made several payments for us a year ago. Why hasn't he contacted us then? Why wait until the car is paid off?

    My question is: If my contract is with the bank, is it the bank obligation to get the title to me? and If the dealership did make payments on my loan without a repayment contract and without my knowledge or agreement, I'm I liable to repay the dealership?

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

    Default Re: Receiving Car Title

    Quote Quoting Pecan_37
    View Post
    And if he indeed made several payments for us a year ago. Why hasn't he contacted us then? Why wait until the car is paid off?
    You would have to ask him.
    Quote Quoting Pecan_37
    My question is: If my contract is with the bank, is it the bank obligation to get the title to me?
    The bank has to issue a release of lien.
    Quote Quoting Pecan_37
    and If the dealership did make payments on my loan without a repayment contract and without my knowledge or agreement, I'm I liable to repay the dealership?
    Assuming the statute of limitations has run, I can see the dealership recovering its money on an "unjust enrichment" theory.

    Meanwhile, consider using an Application for a Duplicate Certificate of Title (MV010) (see here) to get a replacement title.

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