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Where do we stand? Please help clarify.

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skyy

Member
What is the name of your state? CA

It would be easier if I write in terms of myself. My husband and I recently bought a vehicle. We didn't have an approval from a bank before we left due to a fraud alert placed. We were told that after we confirmed who we were with the bank, there would be no problems. We gave an estimate of our income and brought in an LES the next day with a deposit. This was the most current statement we had although it was one or two months old. Ten days later, we're still waiting for the title and registration to be mailed to us, and they ask us to come back in with proof of residence, bank statement, 2 more references (total 6) and another LES. I point out the LES shows our payments, but due to the General ordering the unit that handles LES paperwork to process people getting out, getting in and divorcing, we can't get an updated LES soon. We're waiting for a new pin to pull an LES from the internet. They're demanding we produce an LES which we can't until payroll processes it.

I guess I'm having a hard time because if we had lied on our application, that would be stupid on our part. They're saying we own the vehicle, isn't it on us to make good on the payments?

We've been told that the bank wants to see the proof of income and employment I'm guessing to proceed with the loan.
1. Who technically owns the car now? The dealership?
2. We've signed to register the vehicle but haven't been approved for a loan. What does that mean for us?
3. What happens if the LES doesn't show we make enough? Can they repossess the car and mark us down as defaulting?
There's a section that says if buyers sign here, the provisions of the Rescission Rights section on the back giving the Seller the right to rescind if Seller is unable to assign this contract to a financial institution will apply. On the back, it basically says we give the auto back in the same condition.

4. The finance manager said he could use any lender he wants. If he gets a bank to approve us but at a higher APR, are we bound to the new agreement since it changes the payments?

Basically, where do we stand now?
 


Bigfoot

Member
Have you paid out too much money to walk away from this deal? If you don't have the title, what do you really have?
 

skyy

Member
I got someone to confirm what I read. CA has a policy about not changing your mind after you buy the car or something like that. The seller is the only one who can cancel the contract and take the car back. It appears that a loan hasn't officially been set. We don't get the title until the car is completely paid off. So, there are a couple ways this can work out.

a) They'll come through on everything that was signed originally, payments will be made to the finance company and we'll have the car.

b) The loan won't go through, and they'll take the car back and give us our money back so we can go somewhere less confusing.

c) They'll find some company to finance and change the APR to something other than what was written, and we won't sign forcing them to cancel the whole deal, take the car back and give us our money back.

They can't damage our credit with repossession because we haven't defaulted on any payments.
 

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