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Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 29065
Experience:  30 years experience representing clients.
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I APPILED FOR A BANK LOAN TO BUY A USED TRACTOR TRAILER

Customer Question

I APPILED FOR A BANK LOAN TO BUY A USED TRACTOR TRAILER TRUCK FOR $17.000 AND USED THE TRUCK AS COLLATERAL. THE BANK GAVE ME CASH AND INSTRUCTED ME TO BRING TITLE TO BANK AFTER I REGISITERED THE VEHILCLE. AT THE DMV I WAS INFORMED THAT THE SELLER WAS NOT THE OWNER AND THEREFORE THEY COULD NOT REGISTER VEHICLE BECAUSE THE TITLE WAS NO GOOD. NOW THE SELLER WANT RETURN ANY CALLS. WHAT ARE MY OPTIONS.
Submitted: 3 months ago.
Category: Legal
Expert:  Loren replied 3 months ago.
Good morning. I am Loren, a licensed attorney, and I look forward to assisting you.
Have you given money to the seller? Who does the bank say is the owner, if not the seller?
Expert:  Loren replied 3 months ago.
The DMV, not the bank.
Customer: replied 3 months ago.
APPARENTLY I HAVE THE ORIGINAL TITLE BUT A REPLACEMENT TITLE WAS OBTAINED BY SOME COMPANY IN SAVANNAH GA WHICH VOIDED MY TITLE
Customer: replied 3 months ago.
THE MONIES HAVE BEEN PAID
Expert:  Loren replied 3 months ago.
Have you contacted that company to find out how they came to have title?
If it was not a mistake, and the GA company was legitimately in title, then you will have to sue the seller for breach of contract and fraud.
If the GA company is not legitimately in title and they refuse to sign the title to you then you will need to sue them to clear the title to the vehicle. The cause of action is slander of title. They will need to be sued in Georgia to get jurisdiction.
Since this could get complicated, and exceeds the jurisdictional amount for small claims, it is strongly recommended that you retain local counsel. If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys) . Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:
http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspxIt is a huge worldwide database searchable by location and specialty.  The attorneys are all peer rated.  So, they represent the top of the profession.
Expert:  Loren replied 3 months ago.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not  a moral judgement on my part.  As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.