Forum Discussion
toedtoes
May 01, 2017Explorer III
WTP-GC wrote:
The title and loan process are tied together. They have to be. You don't get the title until you satisfy the debt. The lender holds the title until that time. So who has the title??????
In this case, the dealership still has the title as they never submitted it to the motor vehicle department with the change in ownership. If the dealership had done things right, the title change would have been submitted and either the buyer would have received the title showing the bank as the lien holder or the bank would have received the title (if any states still do it that way). However, if the dealership never submits the title change, then the buyer nor the bank ever get the title for the RV.
But none of that changes the fact that the buyer is still responsible for paying back the loan. The bank isn't going to tell the buyer "Oh, you didn't get the title, no problem, we'll just eat the loan". It then is the buyer's responsibility to deal with the dealership to try and get the title - and if they can't, then the only recourse is take it to civil court or file a complaint for fraud and let the criminal court handle it. In this case, it went to criminal court.
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