Quote:
Originally Posted by Anonymous
if someone gets a title loan and the company forgets to take the title and the owner still has the title can the title loan people put a lien on the car still ???? what can happen legally ????
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If they don't have the title, then they won't be able to perfect (record) their lien with the Secretary of State (through normal process). That really just means it doesn't get entered into the state's computer; it doesn't impair their rights to the vehicle.
Yes, they made a mistake by not taking the title. However, because of the inherent transaction that the loan contemplates, it would be considered "bad faith" for you not to give them the title when they realize the mistake and ask you for it.
Because the loan paperwork lists the vehicle as collateral, and you signed a legal security agreement pledging your interest thereto, they can still repossess the vehicle. (They just can't sell it without being listed on the title ... yet). They can file a replevin suit against you for the title. When they show the loan contract and your security agreement, a judge would recognize that you agreed to give them the title in taking the loan and that you're acting in bad faith by not. He'd then either order you to give up the title, or if you don't comply, he can order the Secreatary of State to issue the title in their name.
I've had the same scenario happen before when my staff get caught up and forget to take the title from the customer. I've also had times where my staff turn their back for a second and the customer snatches their title back out of the loan folder. Most times the customer understands that mistakes happen, and they bring the title back in. If not, I usually catch it in time to stop payment on those loan checks. If I'm too late to stop-payment and the customer refuses to bring us the title, then at that point I can "deem myself insecure" (legally, an event that constitutes default), declare an immediate default, take the car, and hold the vehicle until they give me the title or return of loan proceeds.