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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 34335
Experience:  16 years real estate, Realtor. Landlord 26 years
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I bought a camper and got a loan for it through Georgia Bank

Customer Question

I bought a camper and got a loan for it through Georgia Bank and trust in October of 2015 they called me in December to come pick up the title I asked at that time didn't they send it off and the lady said no so I went and picked the title up in January 2016, my husband and I just separated and I gave him the camper along with the title never was in my name, he sold the camper just 2 weeks ago he banks with Georgia Bank and trust they put a hold on the check for 10 days and now they are telling him they are taking the funds for my loan cause the camper was supposed to be the collateral but there was never a lien and I thought it was a signature loan after they told me to come get the title now my name is ***** ***** his checking account but the title and the check was in his name and the loan is in mine and it's not in default
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Barrister replied 5 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Did you get a "camper loan" or did you get a loan and then decide to go out and use that money to buy a camper?

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On the title was the bank listed as a lienholder?

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What is your legal question that I can help with tonight?

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thanks

Barrister

Customer: replied 5 months ago.
I got the loan for the camper, No they where not listed as a lien holder on the title, can they take the money out of his account being that the title and the check was in his name
Expert:  Barrister replied 5 months ago.

I am sorry but I do not participate in the phone call program for the site and limit my interaction with customers only to the website. I like to have time to think about a customer’s question and research it so I can provide the best answer possible.

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However, if you wish to have a phone call with an attorney, you can post a request for "additional services" and your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

Customer: replied 5 months ago.
That's fine but I thought I laid everything out in the above comments
Expert:  Barrister replied 5 months ago.

Ok, if the loan was for the camper specifically then the bank messed up by not tying the loan to the camper by listing themselves as a lienholder so it would prevent it being sold without the loan being paid off.

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So somebody dropped the ball at the bank.

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Whether they can attach the bank account is going to depend on what the actual loan paperwork says. If it says that the camper is collateral for the loan, but they just messed up and didn't list themselves as a lienholder on the title, then they can still attach the account because the proceeds should go towards paying down the loan that was taken out to buy it in the first place and you are listed on the bank account.

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But if this is just a personal loan that is unsecured, and the paperwork reflects that, then they can't seize those funds...

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However I suspect that they just forgot to be listed as a lienholder because no bank is going to make a loan on a camper, which depreciate extremely fast, without making it collateral.

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As for why the title was in husband's name while the loan was only in yours, I can't explain that..

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So you really need to review the loan paperwork to see what it says about collateral..

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thanks

Barrister

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