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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 2893
Experience:  30 years of experience
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I couple years ago I was in a financial bind and I took out

Customer Question

I couple years ago I was in a financial bind and I took out one of those high interest vehicle-title loans offered by Sovereign Lending Solutions, Car Loans, and Autoloans, LLC. as well as numerous shady lending companies. While I was still making payments on this loan my car was repossessed with no notice.
In late February 2016 I received a letter from the Pennsyvania dept. of Banking and Securities (PA DB&S) notifying me that I have been identified as a consumer entitled to relief from an illegal loan.
Two months later (late April 2016) I received the title to the car which was repossess in late 2015 by Sovereign Lending Solutions, Car Loans, and Autoloans, LLC.
These events were the result of an enforcement order issued by the PA DB&S on June 24, 2015, which was later upheld by the Commonwealth Court of Pennsylvania. http://www.dobs.pa.gov/Documents/Enforcement%20Orders/2016/012216Petition%20to%20Enforce%20Granted%20(2)Redacted.pdf
The court’s order required the companies to:
-Stop making loans to Pennsylvania Residents
-Stop collecting payment of principle or interest on any existing loans from any Pennsylvania resident
-Stop repossessing cars from Pennsylvania residents
-Release all liens on file at PenDOT
-Return all titles to Pennsylvania residents
Although I was living in Colorado when my car was repossessed, I was still a Pa resident.
According to the NMVTIS vehicle and title history search the car was last registered and titled in Colorado on 03/03/15
The date of issue on the PA title I received is 04/13/16
I was depending on the income from the sale of this car to pay bills, and since its repression I have been in a financial tailspin, barely able to stay above water.
my question is, Since I hold the most recent title to this vehicle, do I have any legal grounds to recover it?
If I can legally recover this vehicle how do I go about doing it?
I contacted the PA Dept. of banking of securities with this question, and they told me to contact the PA Attorney General’s Office.
The PA Attorney General’s Office told me they were not sure what legal grounds I would have to recover the vehicle and recommended I seek out legal advice.
Any advice would be greatly appreciated.
Submitted: 6 months ago.
Category: Legal
Expert:  Gerald, Esq replied 6 months ago.
Hello,Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question. This is a complicated question and there are a number of challenges to you recovering the vehicle, but the short answer is that you have a legal claim to the vehicle and the current people who possess the car have a clouded title on it. The longer answer is that when the vehicle was repossessed it was done so based on a faulty claim by the "lender." The law calls this type of unlawful taking of property a "conversion." You have a couple of options here. 1) If you can find the vehicle you can sue the current owners for return of the vehicle to you since they possess it illegally. They are also innocent victims and at the time they purchased the vehicle they thought they had a legal title. But because their title is faulty they are obligated to return the car to you. (They in turn can sue whoever they purchased the car from.) 2) You can sue the lender and the company that repossessed the car for the value of the car at the time it was repossessed. Now for the bad news. Although vehicles are expensive and have significant value, there generally is not enough value in them to warrant hiring an attorney to sue. Unless this was a very expensive collector car it is unlikely that you will find an attorney willing to take this type of case, or that you will receive enough to justify the expense of hiring an attorney. This means that you are likely looking at bringing an action in Colorado Small Claims Court. While you do not need an attorney to bring the action in Small Claims Court you will be limited to the claim limit of $7,500.00. This link will provide you more information on the Colorado Small Claims Process: https://www.courts.state.co.us/Forms/SubCategory.cfm?Category=Small When you file the action you will be filing for the illegal "Conversion" of your car. I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday. Please do not forget to give me a positive rating. It adds nothing to your costs but it helps me greatly. Thank you.If you are dissatisfied with my response PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you and only ask the same from you.Good luck. Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing. Kind regards,Gerald