Can I win a suit against a title loan company?

[stts]

Jurisdiction

Ohio

Hello, I bought a totaled car to rebuild on craigslist. I paid cash, got a receipt that says what I bought, how much, and who I bought it from. I wanted the title but the guy didnt have it at the time. I looked up the VIN on the BMV site and the title had no liens but it wouldnt reviel whose name was on the title. He said its misplaced and he would find it soon or get a duplicate to send me. So I accepted his promiss and towed the car away. Its been 5 months now and Im tired of the excuses. So I look into how to use the receipt to get my own duplicate. I also looked up the VIN again on the BMV. To my shock, 2 months ago, somebody got a title loan on that title. I call the title loan company and they admitted that they did loan out on that title without seeing the car or knowing that it was totated and sold to me. I tried to get them to tell me who they loaned money too, to make sure it was the same guy I bought it from. I also wanted the guys address that he stated on the loan agreement. The title company refused to give me any info on who they loaned to or how much was loaned and insisted that I must give them my personal info including address and SSN. I refused since they refused to give me any info. They have my phone number in case they want to talk about this further. But now Im worried they might try to take the car from me if they find out where I live. They have my first name and cell phone number only. But that may be all they need. I also cant drive it since I cant get plates for it after I fix it up. So I was thinking. The title loan company took the title without even looking at the car. So they aided and abetted a criminal that had planned to commit fraud. I assume for now that the guy they loaned to is the same guy that sold me the car. I looked him up and he has recent criminal convictions. Traffic and big pot grow operations. But I want to know if I can win a suit against a title loan company that negligently interfered in my car purchase? Or do they have the right to come on my property and take my car from me? It never occured to me that anybody anywhere would pay good money for only a title. So I figured I would get the title soon, even if it was lost. Thanks in advance for your inciteful info.

 

[mightymoose]

You have nothing against the title company. Your dispute is with the person who sold you the car.
You should not have handed over the money without the title being provided. Sorry, but the negligence was on your part.
You will have to go through your BMV and see if there is a way to get the title via the documents you do have.

 

[mightymoose]

Or do they have the right to come on my property and take my car from me?

Legally, it isn't your car. The title is in someone else's name. Yes, it could be repossessed. Keep the vehicle in a secure place if you worry it will disappear.

 

[army judge]

How much money have you spent SO FAR on the bucket of rusting, rattling, rolling rust bucket?

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On a happier note, this MIGHT help you.

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In Ohio, every new vehicle owner must transfer the title into his or her name within 30 days from the date of assignment. Before finalizing any automotive sales transaction, be sure to gather all the paperwork necessary to legally title your new vehicle.

If your seller provided you with a bill of sale but no title, contact the State of Ohio's Titling Support and Dealer Licensing Section as soon as possible. These offices can be reached at by phone at (614) 752-7671.

!!!!!!!!!!!

This might be helpful, read everything before attempting anything.



Have you recently purchased a vehicle, but never received the title?

Did you lose the title to your vehicle before transferring it over to your name?

Have you tried applying for a duplicate certificate of title but didn't have sufficient evidence?

Ohio doesn't have the option to apply for a bonded title, so you're thinking there is no solution.

Well Ohio law offers you a way to get that elusive title.

Ohio permits you to file for a court-ordered title.

How to get an Ohio Court Ordered Title


Title issuance is performed by the County Title of Clerks. Every county in Ohio has their own process to filing a court-ordered title, so check with your county's Clerk of Courts Auto Title office to get specific information on how to file.
Most counties will follow a general process, though, and we've mapped that out for you below.

Step #1: Determine if you are eligible for an Ohio court-ordered title
Ohio BMV form 3753 explains when a court-ordered title is and is not applicable. If your situation allows for a simple duplicate certificate of title, an authorization letter will be issued to you from the Clerk of Courts office and you can take that letter to the Ohio BMV to get your title.

If a duplicate title cannot be issued to you, then you will have to pursue an Ohio court-ordered title.

Step #2: Visit your local Clerk of Courts office
They will give you an information packet and/or necessary forms to fill out to file for a court-ordered title. They will also help you request a lien holder record search.

A lien holder record search will reveal if there are any liens on your vehicle. If a lien holder turns up in the search, a certified letter will need to be sent to the lien holder to release the vehicle (see 4th step).

Step #3: Request the last known address of the vehicle owner
Complete Ohio BMV Form 1173 and submit to the Ohio BMV. Allow 15 days for processing. Results will be mailed to you on an Ohio BMV form 2433. Be sure to keep this form because it will be necessary to exhibit this form with your petition in court.

Step #4: Mail a certified letter to the current owner and lien holder
Certified letters must be mailed to the current owner of the vehicle and any lien holders, if applicable. Allow 15 days for parties to respond. If parties do not respond, you will receive a salvage inspection receipt from the deputy registrar.

If parties do respond, you will most likely be able to work with them to obtain the original certificate of title. Make sure to keep copies of your letters and return mail receipts to include with your petition in court.

Step #5: Visit a BMV Deputy Registrar's office
Purchase an Ohio State Highway Patrol (OSHP) Inspection Receipt (BMV form 105). A list of BMV Deputy Registrar's office locations can be found on the Ohio BMV website.

Step #6: Schedule your OSHP inspection
You can schedule your OHSP inspection by calling the Ohio State Highway Patrol at 614-644-1667. Once they complete the inspection, they will give you a form (HP106) which you must submit with your petition to the court.

Step #7: File your petition to the Court of Common Pleas

Every county has their own Court of Common Pleas. Take your petition to the court of the county that you live in. After filing your petition, you will be directed to see a judge.


Step #8: Appear before the judge
You will have to appear before your county's Court of Common Pleas judge. The judge will evaluate your petition, look over all the necessary documents, and either grant or dismiss your petition. Not all petitions will be granted.

If your petition is not granted, you should seek legal advice or counsel on how to move forward. If your petition is granted, the judge will sign a Judgement Entry and direct you to the General Division.

Step #9: File your Judgement Entry with the General Division
Every county will have a Clerk of Courts General Division. File the Judgement Entry that the judge granted you and pay any necessary fees.

Step #10: Apply for a certificate of title
You will now be able to apply for a certificate of title at the Clerk of Courts Auto Title office. Make sure to take your Judgement Entry and a valid photo identification to the office when you apply.

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In the future you can avoid all of this legal crap by not handing the money until you get the honey.

In your case, the seller produces a proper title.

In fact, meet the seller at the BMV during business hours to allow you to validate the title, before handing the scammer (would be seller) your hard earned loot.

 

[stts]

Thank you all for the replys. I am no lawyer but these opinions make sence to me. I am now convinced there is no way I will ever get the title to this car. I could give info to the title loan company since I was at the crooks house with several other wrecked cars on the property. But I am convinced the title company would suit me for the car long before going after the crook. So instead Im going to clam up and start stripping the car to rebuild a similar one that I have title to. When Im done, the skeletal remains may vanish in some way. That car was classified as totaled so I suspect the title company wont really invest in getting it back. They will simply put that guy on a watch list so they dont loan to him again. And the event fades away...

 

[army judge]

Hmmmmmmmmmmmmmm..........