I signed the wrong Finance papers for a car.

[moton2]

What is the name of your state?Atlanta, Georgia

I've been financing a car for two years, I got laid off and fell behobnd in payments. They came to repo the car and the repo guy could npot take it because the VIN# was not the one he had.

I later find out that the car I have is not the one I contracted and finaced. This is not a case of a wrong VIN# no it's a totaly different car they contractedd me for.

No one harrassed me for 4 months until this Friday when the served my cosignor with papers from a judge saying they have proven they have first priority security interest in the vehicle and that I as the defendant have wrongfull possession of the car.

I have two options either to give them the car or sell it according to what it's worh now.

The car is a 3 door ford Focus and is worth $3,500 to $5,000 now.

Should I fight the court order through an attorney or do I have any rights in this situation at all.

 

[JETX]

Before anyone can answer what you are asking, you need to clarify what you mean by "I later find out that the car I have is not the one I contracted and finaced".
Are you trying to tell us that the vehicle you have owned and driven for TWO years, is the wrong color, wrong equipment, wrong ANYTHING and you didn't know it????
Come on......

On top of that, your question is confusing. In one place, you say that they "served my cosignor with papers from a judge" and your question is about YOU answering a suit. Were YOU served?? If so, with what?? What is the claim being made against you??

And finally, you really only have the two choices you have noted, due to your stopping payment on the loan. You can either surrender (or they take) the vehcile in repossession, in which case you will STILL owe the difference (amount owed less auction sale price, plus costs) or sell the vehicle yourself (for more than an auction will get) and still have the hit for the deficiency.

 

[moton2]

AnsweringJetx about wrong papers signed at dealership

What I'm saying is I went in there to buy a Silver 3 door ford Focus and I got it, no complaints about that.

In my contract they had me signing as if I was taking home a 4 door Blue Escort which is what the repo guy asked me for when he saw the Focus , we argued because they thought I was playing games.

The attemted repossession was in August. Oct 24 this last Friday they served my cosignor with papaers that say.

I am ordered to levy upon the aforsaid collateral at the Plantiff's option, surrender the collateral to the plaintiff for retension or disposision in according with applicable law or advertise and sell the collateral as in the case of levy and sale under execution as by law provided.

I hope this is enough information.

 

[moton2]

How can they hit me for deficiencies in a car that I never signed any contract for. Is my way of thinking wrong or do they need to show that they have a contract with me that binds in case like now I default?

If you have an answer please reply. I would like to know the law as far as this one is concerned.

 

[JETX]

Clearly, you are going to need a local attorney to review all the documents and issues, but I can tell you that you are liable for the payments on the vehicle. The fact that the loan papers describe the wrong vehicle (when did YOU discover this?) is really not relevant. The fact is, you got the 3 door that you agreed to pay for and have apparently failed to pay as agreed.

However, since the documents are incorrect, the lender/dealer is going to have to take the steps to correct that problem..... and then they can repossess the correct one.

As for the co-signer.... upon your breach (failure to pay), that person will be held liable for the contract.

 

[moton2]

I"m not against them taking the car, the thing is my cosignor never signed any papers for it, it was a verbal agreement if the contract had a VIN for another car.

Unless they can transfare his signiture to the right contract papers which we both know they cannot.

I do think they have the right to to claim wrongfull possession through a court order and take their property, but hitting my cosignor for the deficit will be a little tougher than usual since there is no clear breech of contract.

I do have to say JETX that I appreciate your responses they are making me think harder about the whole situation.

I will be meeting an attorney I contacted in the next few days.

 

[JETX]

Your clearly trying to make the dealer error in VIN (if it was the dealer error) to be some magic 'out' for your not paying the agreed contract. And it simply isn't that simple.

For example, the lender should have the 'negotiable title' to your vehicle. That title should show the CORRECT VIN (or you never would have been able to register the vehicle and get tags for it).

And finally, the fact that the dealer (for whatever reason) shows the incorrect VIN number on your agreement does not waive your obligation. It should be fairly easy for them to show a court (if it goes that far) that this was an error have it corrected..... and for the co-signer also.

One thing that might help you to understand this is that the VIN should be shown on at least FOUR different places:
- the title
- the note
- the sales contract
- Your insurance papers
What of these has the CORRECT VIN??

Of course, if you still don't agree that this is not a 'get out of obligation free' card, you can contact a local attorney who might be able to explain it to your satisfaction.

 

[moton2]

The Title and the insurance papers have the correct VIN#.

 

[JETX]

And there you go.... proof that they can use to show that the VIN on the note was a 'typo'. And since the courts would review this with an eye to 'equity', they would simply correct the 'typo'.

equitable
adj. 1) just, based on fairness and not legal technicalities. 2) refers to positive remedies (orders to do something, not money damages) employed by the courts to solve disputes or give relief.

 

[moton2]

I don't mean to complicate this situation I did make a mistake by not clarifying to you which insurance papars have the correct VIN.

The dealership insurance parers which my cosignor signed do not have the correct VIN. The insurance papers with the correct VIN are State4 Farm insurance and thats becouse the salesman called them and they gave me a good deal because he had a connection which most car salesman have with insurance Co.

The salesman went to the Focus before I left and got the VIN from the car that was how he gave State Farm the correct VIN#.

So JETX It's only the Title that has the correct VIN#.

 

[HomeGuru]

I don't mean to complicate this situation I did make a mistake by not clarifying to you which insurance papars have the correct VIN.

The dealership insurance parers which my cosignor signed do not have the correct VIN. The insurance papers with the correct VIN are State4 Farm insurance and thats becouse the salesman called them and they gave me a good deal because he had a connection which most car salesman have with insurance Co.

The salesman went to the Focus before I left and got the VIN from the car that was how he gave State Farm the correct VIN#.

So JETX It's only the Title that has the correct VIN#.

**A: in any case, you still do not have legal ownership of the vehicle. Read your title. Give up the vehicle.

 

[JETX]

Lets try this ONE more time.....
You have to pay for the vehicle that you took possession of. And the co-signer is liable if you DON'T!!
Pretty simple really.

Granted, there is an issue of signature on a document with a typo on it, but the dealer or lender can simply get that typo corrected.

If you don't agree with this, then take your documents to a local attorney who can review ALL of the facts and advise you.