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I purchased an used vehicle in August 25,2017 and got a loan…

Good evening. I purchased...

Good evening. I purchased an used vehicle in August 25,2017 and got a loan from Lendmark Financial Services on August 28,2017. I went to court for fraud against the Dealership because he sold me a car and never registered it because he never had the original title of the Vehicle. A Floor Plan that sells used vehicles had the original title of the vehicle,but the Dealership committed fraud to them also but not paying his dues when the car was sold to be able to get the title and pay the state taxes to the DMV and get the car registered under my name. That case is under investigation by the police and went to small claim court and still waiting for a verdict from the judge because the owner of the Dealership did not present to court. My problem is that under the investigation, found out that my bank Lendmark Financial Services accepted a copy of the title and never oversaw that it was a copy and not the original title and approved the car loan and made the Dealership a check to pay off the car. I spoke to the bank manager and they got the original title from the Floor Plan 3 weeks ago (got it on February 22nd) and apparently there is a lot of issues for them to register the car under my name or get the tittle finalized under their name, so I can go the DMV and register. Since October 2017 when I needed to register the car, I have not been able to drive the vehicle since then and is sitting in my parking lot because does not have a legal registration. Also I am paying off a car loan every month for a car that is not registered under my name. I got tired of all the back and forth and because it was the banks negligence when they did not make sure they had the original title of the car, I asked for the contract with my lender be voided, get my monthly invested back and do not affect my credit, and once the paper work is done, they can reposes the vehicle. My question is if this is correct decision or if I have the right to sue the bank for this. Thank you in advance. Dr. Katherine Iguina

Lawyer's Assistant: What state is this in? And how old is the car?

Is in Georgia and is a 2007 Mercedes SUV

Lawyer's Assistant: Has anything been filed or reported?

Yes, I have 2 police reports, and the bank is aware of the situation from the beginning and went to Small Claims Court to sue the dealership for $15,000.00 on Feb 26 of this year and still waiting for the judge response.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My problem is with the bank now and I do not know what are my rights in this case. The bank said it was going to resolve the title issue and place in my name but they do not know how long is going to take and I cannot wait any longer. I have been without a vehicle for 5 months and need to buy a new one and this contract to be voided. That is what I asked the bank and hopefully that will be the end of it, but if they say no, I will like to know my rights and if I can sue them for this negligence on their part and do not know if that was illegal what they did by accepting a copy of the title instead of an original, because everyone got scammed by the Atlanta Luxury Auto Dealership in Cumming GA. Thank you very much. my email is***@******.***

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Customer reply replied 1 month ago
Good Morning, I submitted my question yesterday and still haven't had an answer yet. I will appreciate the help. Thanks.
Answered in 1 day by:
3/15/2018
Michelle-Mod
Michelle-Mod, Moderator
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Customer reply replied 1 month ago
please
Damien Bosco
Damien Bosco, Attorney
Category: Consumer Protection Law
Satisfied Customers: 4,212
Experience: Helping you with your legal questions.
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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Customer reply replied 1 month ago
Ok thanks

You mention that the Floor Plan Company had the original title. Does it still have possession of it? If so, what does the Floor Plan Company want to release it?

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Customer reply replied 1 month ago
No thanks

You mention that the Floor Plan Company had the original title. Does it still have possession of it? If so, what does the Floor Plan Company want to release it?

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Customer reply replied 1 month ago
No the floor plan sent the title to the bank. The bank has the title since February 22
Customer reply replied 1 month ago
But apparently they cannot process the title with the dmv because they need apparently a buyer and seller

I see. Aren't you the buyer and the seller was the Dealership?

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Customer reply replied 1 month ago
Since JP Carcamo the owner of the dealership committed fraud by selling me a car without registering the title and paying the state taxes and transferring them to my name
Customer reply replied 1 month ago
but the bank apparently does not know what to do and they have trouble processing the paperwork

I see. Who's name is ***** ***** title now?

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Customer reply replied 1 month ago
That is what they told me but not certain if that is the truth and that is why I asked to void the contract with the bank and return my monthly payment without affecting my credit
Customer reply replied 1 month ago
Is under me by a temporary license

I understand your claim for negligence, and that is possibly a claim against the bank.

But let's continue a little bit longer.

You say that there is no seller to name. That does not sound right. It would be the last owner. If the dealer did not transfer title to itself properly, then the seller would still be the previous owner before the dealership.

However, as I mentioned and you asked, there could be a claim against the bank.

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We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 1 month ago
Well I contacted a fraud lawyer here in GA already and need to meet with him and see if I have a case but that is what I wanted to know if I had a case against the bank. I think the floor plan still is the owner but the car is from Texas and I think that is the problem bc the title is not under my name
Customer reply replied 1 month ago
I have a copy of the title but a judge that saw my case on the small claims against the dealership has my paperwork for review and making a decision because the owner of the dealership did not show up
Customer reply replied 1 month ago
This has become a very complex case

Okay. Thanks for the additional information. Yes, it is rather complex. If you need further assistance, you can always let me know.

Also, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

Damien Bosco
Damien Bosco, Attorney
Category: Consumer Protection Law
Satisfied Customers: 4,212
Experience: Helping you with your legal questions.
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Damien Bosco and 87 other Consumer Protection Law Specialists are ready to help you
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Customer reply replied 1 month ago
Ok thanks have a good day

You are welcome. You too!

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