Not able to get my title after payoff my carThis is being a frustrate experiences. First, I start lease this vehicle, the sales agent told my deposit $3990 which pay upfront will include in my premium amount. It end up NO. After I bought the car, they told me it was an extra for my credit issue. Ok, fine, I don't want to argue. Then I decide to payoff the car, after I pay off my car. I start having phone tack with VW Credit and DMV Portland to get my title to send to me. Since, being 4 months now, I still have not get my title. The last time at DMV on 7/12/12, I thought DMV have a resolve the issue to have right paper to have my title ready to send to me. After 3 weeks of waiting, I decide to call DMV to check, not only the person who handle my account being switched. I end up with same reason "incomplete document" and still waiting.I need a legal advice on this issue. Plus, can I get my deposit back by suit dealer .
Country relating to Question: United States
State (if USA): Oregon
Did the lender give you a lien release document?
I just received a call from DMV, they will send them the Title tomorrow and they will sign lien release and send me the title. As for me, I never receive lien release from them. They told me they can not send me a lien release before receive Title.
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).
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Yes, that is what I being told they should send me lien release but they insist they can not, what can I do? Now I guess I am getting a Title with my name and their name on it, but with signed of Lien Release form. Will I need to rename my title after I receive it? By keeping both name on title, will it be a problem in the future?
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.
Ok, thanks very much for Title info. I will see what I get first. It seems there was confusion over the Title under my name only and not include their name. Now they going to reissue it. I don't know how he going to put.
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
but $2598.56 not equal to $3990? I only get partial reduction?
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.
If that is the case, why I still have 1st month bill?
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 the confusion begin with my deposit will show on my premium from agent, but when I add up all the total amount compare to the price of car. It add up couple thousand more. So it just not making sense to me. It looks like I just got higher price on the car. right?
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.
Ok, thanks very much for all your help! If I come up more questions can I still ask you after ending this session?
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.
oh, great! Thanks you!
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Hi Paul, Thanks for info! I might have some questions in regard my case when I receive my Title, so far it is still in process thru the mail.I am just confused with what DMV told me that they can not get company to issue them a Lien Release paper to process my Title with my name only and when I call the company they told me they had send Lien Release to DMV many times. So I don't know who is not being honest here. It end up I have to pay $77 extra to reissue my Title for name change. All this trouble does it relate to where I bought to car? I did bought the car at Vegas and move from San Francisco to Portland after I bought the car..
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.
Sadly to tell you that I still have not yet received my title and I just check with DMV they said, that company should have receive it by now. Every time when I call they said it takes 3 weeks and it have been 3 weeks by now. They have not bother to call me on status too. Can you please advice me what action I should take?
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.
Where can I contact the "small claims court" in Portland?
Here is the link to the Oregon Courts and you would look up the county nearest you.
Thanks so much!
You are welcome.
For those weird actions I receive from VW Credit, can I sue them for attempting on stealing the car?
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.
Would it be possible they can steal my car since they kept my Lien Release and Title?
I have report both to BBB and Consumer Protection last week. It's been another week and I still have not receive my Lien Release with Title. Should I wait for BBB's response? Will they?
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.
Ok, I will contact BBB and Customer Protection. Thanks very much!
Hi Paul,Thank you for sharing! Now I know what other ways to get helps! Oh, my case have final ended. With your advise, I have contacted BBB and they help me get my title. Instead of going thru a painful law suit, I decided to let it settle with Title and not deal with Volkswagen anymore. Thanks very much for your advise!
Wonderful to know that you were finally able to get this resolved through one of the alternatives.
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