Title Question

shawnwhipple · **Joined:** Wed Aug 20, 2003 6:28 pm **Posts:** 603

OK I have a question.

When we bought the Nissan Versa we financed it with Nissan and shortly after we bought it the title showed up in the mail. It is a "clear" title listing my wife and I as the owners with no Liens. I didn't really think much of it. I assumed since the car was so cheap and we financed so little on it that maybe they didn't want to bother with the title? I stashed it away and forgot about it.

So fast forward 6 months and apparently someone at Nissan has finally figured out that they don't have the title and now they want it. Turns out the dealership screwed up and forgot to submit the lien paperwork when they sent the title paperwork in.

Part of me says just sign it over and move on, but another part says try to keep the title. Mostly just to annoy them. :twisted:

I still plan on paying the loan so it's not like I'm trying to weasel out of the bill. And I admit I like having the title since I can sell the car easily and then pay off the loan later.

Anyway, what should I do? Anyone in the business, know what they can do since they have power of attorney I signed when I bought the car? I'm assuming that since they are calling and harrassing me that they can't just redo the title since they probably would have just done it already if they could.

Richard Casto · **Posted:** Wed Mar 06, 2013 10:10 am

Based upon the types of documents I signed as part of the purchase of the new Fit (financed via Honda Finance), my guess is that they should be able to correct it themselves if they wanted. It is probably more of a "do it the hard way, or do it the easy way". The easy way is via your cooperation, the hard way... I guess depending upon how much you owe and what their legal fees would be, I just wouldn't want to guess at how messy (and painful) it might get for both of you given that you have a title in hand. I think potentially selling the vehicle prior to paying off the loan is just asking for trouble. Could that be considered fraud even though the initial mistake was not yours?

My 2 cents, why risk the extra drama and potential legal issues? I know it is now tied to the finance company, but it still reflects somewhat on the dealership. Is this a dealership you want to burn bridges with? Yes, they screwed up and they should have put a lien on the car. You already plan to pay off the loan. I think cooperating (within reason) is the right thing to do. See if they can get the dealership to comp you something (X mile service) for your troubles.

Richard

Donnie Barnes · **Posted:** Wed Mar 06, 2013 10:28 am

Like Richard, I say send it in. The only advantage to having it is, as you state, the *ability* to sell it before paying off the loan. The catch here is that's probably not legal to do. You'd probably get away with it, but I'm not sure it's worth that risk.

If they know you have it my guess is a sheriff could show up at your door with paperwork compelling you to hand it over. I don't think this is the kind of thing that just gets fixed with someone printing a new title and handing it to the finance company with you also in possession of a title. They'll come after yours, and it'll cost taxpayer dollars for them to do it.

--Donnie

clinehall · **Posted:** Thu Mar 07, 2013 7:49 am

Yeah send it in. You might get in a urination match with some one who files a lien which could cause credit trouble.

On a related note. When I bought one of my minis I got the first months payment paid as it was a demo as it was on the dealer floor with 120 miles on it. About six months later the Dealer send me a letter stating that was a mistake and to mail Them (the dealer) the payment. I sent them a copy of the original contract .

shawnwhipple · **Joined:** Wed Aug 20, 2003 6:28 pm **Posts:** 603

You guys are right, you are no fun at all, but you are right.

Brett_Murphy · **Joined:** Thu Jan 12, 2012 2:02 pm **Posts:** 355

This happened to me as well a while back with USAA. I advised them I was sending them the title, but also asked what can happen if I did not. They said that since the car is collateral on the loan, if the lender feels that it is threatened, they can call for the balance of the loan to be paid off immediately.

As others have said, just send it in. You get it back when you're done paying them.

clinehall · **Posted:** Fri Mar 08, 2013 12:22 pm

shawnwhipple wrote:

You guys are right, you are no fun at all, but you are right.

YOu don't pay me to be fun!

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