Desperate to register my car before divorce!

by Guest » Mon Jun 16, 2008 08:14 am
Guest

Hey everyone,

In a nutshell here is my tale. Hopefully someone out there can point me in the right direction.

I have an older model vehicle, the only one I own. I bought it in FL at one of those road side hole in the wall dealerships that pretty much guarantee to get anyone financed.
The vehicle was financed originally through Transsouth Financial. Payments were made, Transsouth sold out reportedly to Citifinancial sometime in 2004 or 2005 without my knowledge. Once the fiasco of straightening out where my payments needed to go and to whom payments where were reestablished and caught up.
In August of 2006 I relocated with my family out of the state of FL to the state of LA.

I contacted the finance company to request a copy of the title to register the car in the state of LA so that driving the only vehicle I owed would be legal in the state which I intended to make my permanent residence. The finance company claimed that they would comply however no copy was ever faxed. All follow-up responses were met with the same reaction, "We sent it once, we will not so it again."

I fought and spoke with supervisor after supervisor to no avail. I just wanted them to resend a simple fax! It is now over two years later and my ex-husband has refused to make any payments until he receives a copy of the title. The finance company has since charged off the account with no attempts made to contact me after the last call I made to them in 2006, No calls, no bills, no attempts at repossession, nothing!

I am beginning to wonder whether or not the finance company ever had a copy of the title, or at least a legal copy, after all and if that was the reason why this had been so difficult a venture. As this will become my primary means of transport following my divorce I will need to get it registered in this state ASAP.

Does anyone have any advice on what to do from here? If I apply for a copy of a lost or stolen title through the DMV of FL will they send it straight to the lien holder or to me? Will this strengthen their position or mine especially if they never had the title to begin with?!

Please help a stressed out mother of three in LA state.

Melissa

Total Comments: 14

Posted: Mon Jun 16, 2008 10:57 am Post Subject:

Contact the DMV in LA and see if you can file for a lost title there....If this car lot has any sense at all they have some kind of flag on that title that will get it sent to them...if they did ever have it..more than likely they did not....just walk into your local dmv there in LA and tell them "I can't find my title, now what should i do?"

Posted: Tue Jun 17, 2008 08:42 am Post Subject: Re:

Contacted the DMV in FL where the car is still registered. They told me that the title is a paper title and that only the lien holder can request a copy. they do show that there is still a lien on the car and without the cooperation of the lien holder I can not get a copy of the title in order to register my vehicle.
I presented the representative with two scenarios: What happens if I decide to go ahead and pay off the vehicle? If the title was lost by the original lien holder and they refuse to admit that, and considering the amount of consumer complaints I have found on the original lien holder, I would not put it past them, how do I then dispose of the vehicle if they refuse to file for a copy of the lost tittle? Her response was that legally I could not do so.
The second scenario was what if the vehicle is totaled in a automobile accident or fire? How would the insurance company pay out if there is not copy of the title to be found and if again the lien holder refuses to apply for a copy? Again her response was I would be up a creek without a paddle with a car that is illegal to drive and in scenario two impossible to drive!
So I asked her what did she suggest? She said the only thing she could recommend was that I once again contact the lien holder!
This is a vicious circle and I am so sick of the dizzy spells!!!!
Thanks for the advice Lori. LA DMV is unable to help either. Any more advice would also be appreciated! Thanks in advance.

Posted: Tue Jun 17, 2008 11:05 am Post Subject:

I presented the representative with two scenarios: What happens if I decide to go ahead and pay off the vehicle? If the title was lost by the original lien holder and they refuse to admit that, and considering the amount of consumer complaints I have found on the original lien holder, I would not put it past them, how do I then dispose of the vehicle if they refuse to file for a copy of the lost tittle? Her response was that legally I could not do so.

I can give you a better response than that..NO ONE should EVER pay for a vehicle in full without having the title handed to them AT THAT TIME...period!

The second scenario was what if the vehicle is totaled in a automobile accident or fire? How would the insurance company pay out if there is not copy of the title to be found and if again the lien holder refuses to apply for a copy? Again her response was I would be up a creek without a paddle with a car that is illegal to drive and in scenario two impossible to drive!

I'll give you a better answer to that one too, and this is exactly what would happen in that scenrio, (and all with lein holders)...When a vehicle is totaled the lein holder NOT the insured owner are paid for the vehicle 'IF' there is any balance then the insured owner gets that....The lein holder is paid and the lein holder releases the title to the insurance company so they can junk it...This happens daily...

Here's the deal...if you (or someone) own them money on this car they would be stupid to release the title till it's paid for...sorry but that's it....What's the balance on the note? Call them ask them just how much money they want to release the title...what is the yr/make/model/mileage by the way.

Posted: Tue Jun 17, 2008 10:27 pm Post Subject:

1999 Mazda 626 ES. Mileage is 160K plus at least.
I know they will pay the lien holder if the car is totaled. I have no problem with that. I just don't know whether they will release the title so that the payment can be released and I can be free and clear of the vehicle! The balance btw is $4K.
I don't even want an original just a copy to get a legal license plate. I hate being paranoid when I see a poilce officer since I am a decent driver by nature.

Posted: Tue Jun 17, 2008 11:08 pm Post Subject:

I just don't know whether they will release the title so that the payment can be released and I can be free and clear of the vehicle

If the vehicle totaled they would release the title or the adjuster won't pay it...we don't pay those claims unless and until we have title in hand or a GOT (gaurantee of title release)...

The balance btw is $4K. I don't even want an original just a copy to get a legal license plate. I hate being paranoid when I see a poilce officer since I am a decent driver by nature.

Here's the deal...as far as they are concerned (leinholder) you have defaulted on the note right? If that is the case, no way they will get you a title or assist you in anyway unless and until you pay this 4k in full, I'm betting...

Posted: Wed Jun 18, 2008 01:31 am Post Subject:

mlennox wrote:

It is now over two years later and my ex-husband has refused to make any payments until he receives a copy of the title.


mlennox does that statement mean you have not made your car payments for over two years?

If that is the case then you do not have any legal rights to the title or the car.

Forgive me for perhaps coming across a wee bit skeptical of your post but if you are sharp enough to post on an Internet Message Board you should then be sharp enough to Google "Florida Auto Registrations" and find THIS link.

Automobile registrations and lienholders are a matter of PUBLIC RECORDS.

Your car will be repossessed if and when the rightful owner of the car finds you and/or you may be criminally prosecuted for auto theft since you took the car out of state. I could be wrong but I am almost certain a condition of those Buy Here, Pay Here auto scams are that you DO NOT take the car out of state without notifying them.

You will NEVER get a clean title to that car...EVER.

How do you think you are going to get a clean title in LA when Florida records show a lien on the title?

You may as well do a voluntary repossession, contact the lienholder and tell them where to pick up their car BEFORE you end up in a Louisiana jail! :shock:

Posted: Wed Jun 18, 2008 07:21 am Post Subject:

Actually they charged off the account my ex-husband refused to make payments and made no attempts at a repossession. I asked for them to accept a voluntary repossession and they refused. I did inform the lien holder of my move from FL to LA and followed all procedures as set forth by the lien holder that I was given upon contact with them prior to the move!
I informed them that once an address was established I would contact them to request a copy of the title in order to register the vehicle properly in LA. I was told that would not be an issue and to contact them within 30 days of the move if possible due to local law.

I did do so and paid $400 for a new tag. However when I reestablished contact with the lien holder that is when the problem began and they began refusing to send me a copy of the title and I was at that time caught up on my payments and two payments ahead as I had just received some extra funds from a bonus check and I paid a few extra bills up since I knew I may fall behind following the move.

Those were the last two payments that were ever received! When the I reestablished contact with them countless times they refused my requests for a copy of the title and voluntary possession.

And Gary I was not asking for a clean title just a copy in order to legally register the vehicle. I have ensured that with any change of address or phone number the contact information has been updated with the lien holder. I'm not sure how much more bending over backwards I can do for these people other than to pay for the car itself. I know I have forfeited the contract but when all of this started I was not in default on this loan! So then what would there reason be for not helping me then have been????

Posted: Wed Jun 18, 2008 09:46 am Post Subject:

Well, Melissa you are probably then driving a stolen vehicle from somewhere.
It doesn't make any sense they don't want the car back.

The Buy Here - Pay Here auto scams make it a sport to overprice those cars, then set up high interst loans in the hopes you only pay for a year or two, then default on the loan so they can repo the car back and repeat the cycle again.

They sell the same cars over and over again to different people.
Good cash flow with the same inventory!
It's an entire industry in Florida.

I wouldn't want to be driving that car.

Below is a pic of BillyBobButtCrack's RED tag special!

Posted: Thu Jun 19, 2008 04:00 am Post Subject:

Well the good news in that front is that I have access to a few databases and the vehicle does not show up stolen... I guess for now that will just have to satisfy me huh? lol

Posted: Thu Jun 19, 2008 10:48 am Post Subject:

Melissa if the facts are the way you have described them,.... then you should give yourself a high five for one upping the Buy Here - Pay Here Florida auto scammers.

FM as in "F 'em."

Keep the car registered and insured in Florida because your INTENTION is to move back to Florida......right?

RIGHT.

They're probably out of business anyway and the lienholder probably melted down with the sub-prime crowd and it's just a car anyway.

You won!

So..... ...forgetaboutit...

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