What is the name of your state?State is South Carolina
Background:
In 2002, I purchased a new vehicle from a dealer. I made it known it was to be registered as a company vehicle for a company I own. Financing was obtained and the deal was done.
The certificate of origin was lost in the mail. A duplicate certificate of origin was obtained from the manufacturer in April 2004. The bank was never happy with this delay as they had no title to attach a lien to. No payments were ever late or missed.
SC vehicle registration renewals are tied to property taxes. I knew my tags (registration) were expiring this month (May 2005), but never received a property tax notice. I called the tax office, received the amount owed and went to pay the tax. I was advised that I needed to hand carry the paid receipt to Motor Vehicles in order to renew my tags.
Motor Vehicles said I could not renew the tags as the company had sold the vehicle in August of 2004. This was news to me as I had the vehicle all along. I was never in possession of the title, as it had a lien, to even sell it if I wanted to.
I was given copies of everything that allowed this to happen: my original title (in the name of my company), the application for a new title, and a notorized statement from the financing bank.
Forgery:
The new title that was issued was made in my name - sort of. Correct first name, the midle initial was the first letter of my last name, and last name as the remaining letters of my last name. Like: Joe S. Mith
The original title made out to my company was forged both as my company selling it and as "myself" buying it. The same for the state application for a new title.
The notarized letter from the bank (sent to the dealer) stated the bank had no interest in the vehicle and stated "Lien recorded in error".
My first thoughts were this had to originate at the bank as they were the ones in possession of the title. I went to a branch office to try to get some answers. I was assured they would "investigate", but did find the motive I believe. Bank policy was explained that a loan could not be different than the registered owner. To me, this falls back on the dealer as to how the loan was presented.
Conspiracy?
The bank didn't like the fact of the name difference, (despite 3 years of good payments) so they took it upon thenselves to send the title to the dealer along with a false notorized statement (to get around their own lien) and have the dealer get a new title. The dealer forged all necessary paperwork to make it happen. I was never contacted by the bank or the dealer. Doesn't the dealer / lending bank "relationship" end after financing? If I quit paying, the bank wouldn't go back to the dealer for answers.
While I am not out of a vehicle per say, as I have always had possession of it, I have a vehicle that can not be registered - my company no longer owns it and I am no longer the "name" on the title. According to the new title, as no new registration was made, I have been driving it illegaly since 2004.
I have talked to two county police departments (where I live and where the forgery took place) and neither have much interest in helping as I have the vehicle. I want to get the title back in the company name and don't see why it should cost me a dime (from DMV fees to lost work time dealing with this) because of the manner in which the change was made.
Any opinions are greatly appreciated as to where to go from here.
Specificly, 1) does USC 18, Chapt 123, Sect 2724 apply here? If so, to the dealer, to the bank, or both? (Federal Drivers Privacy Protection Act)
2) Any way the notarized letter from the bank (stating lien recorded in error) could be used as leverage? Not that I am trying to get out of paying for it, but if it holds legal weight that there is no lien, I'm sure the idea of not getting their money would help correct things.
Thanks again.
Background:
In 2002, I purchased a new vehicle from a dealer. I made it known it was to be registered as a company vehicle for a company I own. Financing was obtained and the deal was done.
The certificate of origin was lost in the mail. A duplicate certificate of origin was obtained from the manufacturer in April 2004. The bank was never happy with this delay as they had no title to attach a lien to. No payments were ever late or missed.
SC vehicle registration renewals are tied to property taxes. I knew my tags (registration) were expiring this month (May 2005), but never received a property tax notice. I called the tax office, received the amount owed and went to pay the tax. I was advised that I needed to hand carry the paid receipt to Motor Vehicles in order to renew my tags.
Motor Vehicles said I could not renew the tags as the company had sold the vehicle in August of 2004. This was news to me as I had the vehicle all along. I was never in possession of the title, as it had a lien, to even sell it if I wanted to.
I was given copies of everything that allowed this to happen: my original title (in the name of my company), the application for a new title, and a notorized statement from the financing bank.
Forgery:
The new title that was issued was made in my name - sort of. Correct first name, the midle initial was the first letter of my last name, and last name as the remaining letters of my last name. Like: Joe S. Mith
The original title made out to my company was forged both as my company selling it and as "myself" buying it. The same for the state application for a new title.
The notarized letter from the bank (sent to the dealer) stated the bank had no interest in the vehicle and stated "Lien recorded in error".
My first thoughts were this had to originate at the bank as they were the ones in possession of the title. I went to a branch office to try to get some answers. I was assured they would "investigate", but did find the motive I believe. Bank policy was explained that a loan could not be different than the registered owner. To me, this falls back on the dealer as to how the loan was presented.
Conspiracy?
The bank didn't like the fact of the name difference, (despite 3 years of good payments) so they took it upon thenselves to send the title to the dealer along with a false notorized statement (to get around their own lien) and have the dealer get a new title. The dealer forged all necessary paperwork to make it happen. I was never contacted by the bank or the dealer. Doesn't the dealer / lending bank "relationship" end after financing? If I quit paying, the bank wouldn't go back to the dealer for answers.
While I am not out of a vehicle per say, as I have always had possession of it, I have a vehicle that can not be registered - my company no longer owns it and I am no longer the "name" on the title. According to the new title, as no new registration was made, I have been driving it illegaly since 2004.
I have talked to two county police departments (where I live and where the forgery took place) and neither have much interest in helping as I have the vehicle. I want to get the title back in the company name and don't see why it should cost me a dime (from DMV fees to lost work time dealing with this) because of the manner in which the change was made.
Any opinions are greatly appreciated as to where to go from here.
Specificly, 1) does USC 18, Chapt 123, Sect 2724 apply here? If so, to the dealer, to the bank, or both? (Federal Drivers Privacy Protection Act)
2) Any way the notarized letter from the bank (stating lien recorded in error) could be used as leverage? Not that I am trying to get out of paying for it, but if it holds legal weight that there is no lien, I'm sure the idea of not getting their money would help correct things.
Thanks again.