Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am very sorry for your situation.Is this illegal for the credit union to have done?
When you state "illegal," that can mean one of two things - criminally illegal, or civilly wrong.
This is not criminally illegal in that the credit union made a mistake here. However, they did not "steal" your vehicle, nor is this (quite) criminal fraud. Ergo, it is unlikely that someone at the credit union would be criminally prosecuted.
However, this is civilly wrong, meaning that you may indeed sue the credit union (or threaten to do so).
To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract
," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.
Here, this may be a suit for negligence
. The elements of an action for negligence are (i) duty, (ii) general standard of care, (iii) specific standard of care, (iv) cause in fact, (v) legal or proximate cause, and (vi) damage. Moning v. Alfono, 254 NW 2d 759 - Mich: Supreme Court 1977
. The credit union had a duty to properly check the title and did not, and have injured you as a result. You may also seek punitive damages
for acts that humiliates, outrages and indignifies the recipient. Jackson Printing Co. , Inc. v. Mitan, 425 N. W. 2d 791 (Mich. 1988)
Along with suing, you may file a complaint with the (1) Attorney General
of Michigan (here
) and (2) Michigan Department of Insurance
and Financial Services (here
) and the two state agencies may look into the matter and may take actions themselves to punish the credit union.If I get my title , is my husband still responsible to pay off the rest of the loan - even though the loan was illegal to begin with ?
Yes, he likely would be if the credit union can illustrate that he defrauded them somehow.
I hope this helps and clarifies. Best of luck.
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