illegal title from bank

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wmgydn

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Here it is, wife prior to marriage cosigned note for pickup, her son got one payment behind, pickup repoed while payment in mail. No notice from bank to wife of intent to repo or of repo. Called bank to check status of loan & was advised it was repoed. Asked bank what we could do to protect credit, bank said would not let her son have truck back but would make a new loan for wife to pay off old loan if we paid repo fee and sign a new loan. Bank got repo title in banks name. wife signed new note for truck showing 48,000 miles. Bank said they did not have title and would mail it. Received title it showed 86,000 on front while bank signed and notorized it on back stating 48,000 actual miles. Title is in banks name transfered to my wife showing transfer of ownership from bank to my wife. washington tag agent called bank about decrepencies and they said it was a typo so washington tag agent issued new title stating 48,000 miles. Bank is in Okla we live in Washington. We believed bank as did tag agent. tried to trade truck 6 mo later to find out odometer had been rolled back ( we now have a pickup with a fraudulent title) and bank refused to take truck back. We advised bank we would not pay for a truck with a fraudulent title and stopped making payments. All payments prior to discovery of rollback where on time. Bank now sues wife for amount of loan plus attorney fees. Can they win and can they come after me. I did not sign note. Wife does not work and has nothing to get. I am worried they can come after my wages if they get a judegement against my wife. Isn't this an illegal sale from bank to my wife? We have brought suit against bank and they have counter sued does anyone have any ideas about where we stand?
 
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Originally posted by wmgydn
Here it is, wife prior to marriage cosigned note for pickup, her son got one payment behind, pickup repoed while payment in mail. No notice from bank to wife of intent to repo or of repo. Called bank to check status of loan & was advised it was repoed. Asked bank what we could do to protect credit, bank said would not let her son have truck back but would make a new loan for wife to pay off old loan if we paid repo fee and sign a new loan. Bank got repo title in banks name. wife signed new note for truck showing 48,000 miles. Bank said they did not have title and would mail it. Received title it showed 86,000 on front while bank signed and notorized it on back stating 48,000 actual miles. Title is in banks name transfered to my wife showing transfer of ownership from bank to my wife. washington tag agent called bank about decrepencies and they said it was a typo so washington tag agent issued new title stating 48,000 miles. Bank is in Okla we live in Washington. We believed bank as did tag agent. tried to trade truck 6 mo later to find out odometer had been rolled back ( we now have a pickup with a fraudulent title) and bank refused to take truck back. We advised bank we would not pay for a truck with a fraudulent title and stopped making payments. All payments prior to discovery of rollback where on time. Bank now sues wife for amount of loan plus attorney fees. Can they win and can they come after me. I did not sign note. Wife does not work and has nothing to get. I am worried they can come after my wages if they get a judegement against my wife. Isn't this an illegal sale from bank to my wife?
 
Couple of things. Your wife did not need to be notified about son's default on the note. I doubt they repoed the truck so quickly as they rarely do. With regard to the odometer being rolled back, I'm not sure what is going on. Are you telling me that when it was repoed it had 48K miles on it and then the truck was driven 38K more miles and then rolled back when your wife obtained the truck back from being repoed? It seems that way. How did you determine that the odometer was rolled back? You will probably need to obtain an affidavit from the professionals who told you this to bring to court. I think that you might be in a good position with regard to proving your case for fraud.

If your name isn't on any deal then they cannot come after you. You may wish to sue them for fees and also report the fraud as a crime. I would.

Originally posted by wmgydn
Here it is, wife prior to marriage cosigned note for pickup, her son got one payment behind, pickup repoed while payment in mail. No notice from bank to wife of intent to repo or of repo. Called bank to check status of loan & was advised it was repoed. Asked bank what we could do to protect credit, bank said would not let her son have truck back but would make a new loan for wife to pay off old loan if we paid repo fee and sign a new loan. Bank got repo title in banks name. wife signed new note for truck showing 48,000 miles. Bank said they did not have title and would mail it. Received title it showed 86,000 on front while bank signed and notorized it on back stating 48,000 actual miles. Title is in banks name transfered to my wife showing transfer of ownership from bank to my wife. washington tag agent called bank about decrepencies and they said it was a typo so washington tag agent issued new title stating 48,000 miles. Bank is in Okla we live in Washington. We believed bank as did tag agent. tried to trade truck 6 mo later to find out odometer had been rolled back ( we now have a pickup with a fraudulent title) and bank refused to take truck back. We advised bank we would not pay for a truck with a fraudulent title and stopped making payments. All payments prior to discovery of rollback where on time. Bank now sues wife for amount of loan plus attorney fees. Can they win and can they come after me. I did not sign note. Wife does not work and has nothing to get. I am worried they can come after my wages if they get a judegement against my wife. Isn't this an illegal sale from bank to my wife? We have brought suit against bank and they have counter sued does anyone have any ideas about where we stand?
 
Freebird, thanks so much so your reply, strange as it might seem they did repo it that quick. He was two weeks behind and had been two weeks behind for a couple of months and they accepted the late payment after truck was repoed as this payment was in tranit while truck was being repoed.
Here is the big thing, title said 83,000 miles on the front and the bank stated 48000 actual miles on the back. When my wife signed the note they said they did not have title but when it was mailed, it was sighed and noterized the same day that they said they did not have title. Seems like fraud to me.
Another big thing i think is the contract my wife signed and and the contract they present to the court as evidence has been altered. It is very apparent they whited out and moved amount financed from line 1 to line 2 while one in labled as "proceeds to pay off another loan with bank" and line two is labled as "proceeds used to purchase collateral", they also whited out the original account number which matched the account number of the original note my wife cosigned and changed it to a new account number. A customer number was added to the note while my wife's copy has no customer.
The banks position is they did not sell her the truck and they only allowed her to redeem it. They had sent her son a letter stating he had ten days to redeem the truck while my wife purchased the truck with a new note appoximately 30 days later. The bank applied for a repo title in there name, received it, registered it as a lease vehicle which established ownership then signed title over to my wife to establish a change of owership to her, it was this title the states 83,000 miles on the front while the bank stated 48.000 miles on the back. It seems to me this is a fraudulent title from the bank. We noticed the decrepancy at the tag agent, called the bank only to be told the 83,000 on the front was a typo. When we tried to trade the truck in at a new car dealership we could not because the ran a title check only to find out the title was not legal because the truck has over 100,000 miles while the odometer shows 48,000 and title states 48,000 actual miles. I don't think the bank rolled back the miles but I think they are required to provide a legal title. I feel certain the person my stepson purchased rolled back the miles and he is included in the lawsuit.
We have filed suit on the bank because they refuse to do anything about it and of course they have filed a countersuit because we refuse to pay for it.
Please give us you opiniion as we are scared to death it may ruin our credit and we may be forced to pay off loan with money we don't have so it would force my wife into bankruptcy.
I can't tell you have much I appreciate you original response and am hoping to get a further opinion with the additional info provided.
Thank you so much,
WMGYDN
 
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