Since the title is no longer an issue it seems, I will not address that unless you have some more specific questions (I am not ignoring it, but if DMV says they will send it then there is no need to discuss it unless you have additional questions about it). All I will say is that if you have proof your loan is paid in full, you are entitled by law to a receipt and a release of lien and if the lender does not give you one, then you could sue them for damages for not providing the lien release allowing you to secure your title.

If your dealer never credited your payment towards your purchase price and your contract stated that it was to be credited to your purchase, then you are entitled to sue them for breach of contract. Also, you can file a complaint with the DMV dealer licensing unit and the Attorney General's Consumer Protection unit and the Better Business Bureau against the dealer for unfair and deceptive practices for not crediting the deposit towards your purchase price. The problem is that if you signed a contract stating that this was an additional payment required. If you signed a contract specifying that the deposit was an additional payment over the purchase price, then what you were told cannot change the terms of the written contract you signed under the parol evidence rule, I am afraid, which is why you must read that contract to see what it specified. Of course, if the contract does not state clearly what the deposit was for, then you have a claim for unfair and deceptive practices and breach of contract as well. The only thing that could defeat your claim is if your contract states specifically that the money was additional to the purchase price I am afraid (we cannot read your contract I am afraid and your rights depend on that wording).

I hope you found my answer helpful, but please understand that if you did not get all of the information you may have wanted PLEASE USE THE REPLY TO EXPERT LINK IF YOU HAVE FOLLOW UP QUESTIONS AND NOT THE FEEDBACK BUTTON FOR BAD SERVICE. PLEASE CLICK ON “OK,” “GOOD” or “EXCELLENT” SERVICE. Kindly remember to ONLY rate my answer when you are fully satisfied. If you feel the need to rate anything less than OK, please stop and reply to me via the or REPLY TO EXPERT button with whatever issue or clarification you may need.

I truly aim to please you as a customer, but please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Once you get the title with the release of lien attached, you can send both to DMV and they will remove the lienholder from the title. You want the lien removed so when you need to sell it you have no issues with doing so.

Does the Disclosure list show the deposit as being subtracted from the vehicle price? That is what you need to determine, whether or not when you signed the agreement you were to be credited this deposit and trade in, which you should have been, towards the total purchase price. If it was not properly credited or it was not properly disclosed in the contract what it was for, then you have your grounds to sue as I specified above.

If no mention of that deposit was mentioned in the contract, then you can sue them for the money, of course that is said without benefit of being able reading your contract.

If you look at the part that states, "Itemization of amount due at lease signing or delivery" You will actually see what the $3990 was used for, it specifies that it was for 1) Capitalized cost reduction (plus tax on that), 2) First monthly payment, 3) Title fee and 4) Documentation fee.

"Capitalized cost reduction," refers to any cash down payment, trade-in credit, or rebate amount that decreases, or reduces, the amount being financed (capitalized cost). Thus, you should have received credit towards the purchase price of $2598.56, which according to the attachment you did. It does not look like the money you say was not applied to actual costs from this sheet attached. The difference went to your title and document fees etc. as specified above and in the document.
PaulMJD41128.9746622685

No, but if you look at the cost of the title, the document preparation, the taxes on those items and your first month payment all of that does add up to the $3990, even though $2598 went to the reduction, the remainder was actually spent to pay for those other costs specified in the section I pointed out.

According to the document, they charged you the first month note of $384.98 and if they did not credit that to you, then you would have a right to sue them for that amount.

I think that may exactly it, because it looks like they accounted for where all of the money you were charged went and was applied.

If they do not send the release you would get your actual damages you can prove for them not sending the release, plus legal fees and costs and an order to release the lien.

Yes, you are free to come back to this question and use "reply to expert" and ask any follow ups that may arise. Thank you very much.

The company should also send you a lien release and you need to call them and demand they send you one. the issue may just be the company you are dealing with because it should not be so complicated to get a title.

You are going to have to sue them in small claims court for damages if they have not surrendered the title to you, since they have the duty to do so and when you sue, you add in the cost of your filing suit against them to recover the title and any other damages you suffered for them not providing your title.

Here is the link to the Oregon Courts and you would look up the county nearest you.

You are welcome.

No, you cannot sue for them attempting to steal the car, you can sue for negligence and the emotional distress and work you had to go through to recover something they were supposed to provide you.

No, they cannot steal your car, because you have proof of payoff. They could make an attempt at an illegal repossession of your car, which is not theft legally, and if they do this then you would have grounds to sue for that illegal repossession.

The BBB should reply and so should the attorney general and you need to check with both of them for the status of your complaint.

Thank you.

Wonderful to know that you were finally able to get this resolved through one of the alternatives.