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  1. #1
    Join Date
    Mar 2009

    Exclamation I need help desperately.. Please help me..

    What is the name of your state (only U.S. law)? California

    This is a long story.
    My fiance bought a truck last October and unfortunately got arrested at the end of october. His truck was seized and had been parked at the storage place for about 3 months. The finance company had been calling me to pay the truck notes, so I had paid 3 payments for nov, dec, and jan on Jan 8th.
    I got the power of attorney and got the truck out of impound on Feb 4 paying around $2600.
    of course, I paid feb payment in Feb as well.

    Last week, I found out that the truck title's not under my fiance's name but under finance company. They changed the ownership a week after I made payments, which was Jan 15th, and didn't let me know. At first, they said they didn't know anything about it, but, the next day, they said they did it just in case.. They said they would switch it ASAP when I talked to them, but they had not been picking their phone up since then. I finally talked to finance company people calling from different phone number and was told that everything would be alright. However, today, they sent a person to the yard where the truck's parked at and picked the truck up saying they were legal owner of the truck and would call the police if I didn't let them have it.

    They refused to answer my calls, and all I heard from them was they took the truck because the owner of the truck is in custody.. Can they take the truck even though all the payments have been paid so far? I thought no matter who made the payments and as long as payments were paid, they can't take the truck.. What should I do? Should I just let them have the truck or go to the court to fight with them?

    If I had known that they would take the truck due to the owner of the vehicle locked up, I would not have paid any payments nor got the truck out of impound....
    It seemed to me that they were waiting for me to get the truck out of impound to take it from me..
    They had been avoiding talking to me and been lying to me.. What should I do?? Can anyone give me any advice???

    Last edited by bompton; 03-20-2009 at 05:02 AM.
  2. #2
    Join Date
    Jan 2001
    Last week, I found out that the truck title's not under my fiance's name but under finance company.
    That happened the day your fiance financed the truck, not later. It is how the creditor holds lien on the vehicle. As far as any blame to the money you paid at this time, he is cooling his heels at the Graybar Hotel.

  3. #3
    Join Date
    Mar 2009
    I knew that is how they hold lien on the vehicle, but the truck was registered under my Fiance's name with the creditor's name below. The vehicle should be registered under the purchaser's name in order him or her to drive it and get the insurence. What i'm trying to say is they registered it under their name on Jan 15th, a week after I made payments..
    When I went to DMV last week, I couldn't renew registration because it was not under my fiance's name and that's how I found out they changed everything
    under their name without letting me know anything.. They told me they were going to switch the title to my fiance's name asap, but they took the truck instead.. No payments behind though...

    Last edited by bompton; 03-20-2009 at 01:37 PM.
  4. #4
    Join Date
    Feb 2006
    They may well have the right to take the truck (and change registration to their name), just because arrest (was there a conviction?). STOP PAYING FOR IT NOW! Call them and tell them that you will offer to take over the truck and payment on the same terms. They may well decline. If they decline, let it go. They will try to go after your fiance for the balance of the loan after they short sell the truck. If your fiance ends up declaring chapter 7 bankruptcy to get a new start in life, they lose that balance (assuming the bankruptcy is discharged). They had their chance to transfer it to you.

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