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Can a lawyer clear the bank from my car title?

Asked almost 3 years ago - Seattle, WA

I took a car loan from a credit union in california while i was in the military. The original loan was closed by the bank and a new one set up with out my approval. I never signed the promissary note or anything. I called the bank and they said the only paperwork they had on the loan was a photo copy of the check. They still call trying to collect money and told me the car was in reposession status. I think I need to hire a lawyer to get the bank's name off the car title and the loan off my credit. And how much would that cost???

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Attorney answers (1)

David G. Weilbacher, Esq.

Reputation Level 15

Answered almost 3 years ago. Criminal Defense Attorney in Cleveland, OH.

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You have a couple of options. 1) you can wait for the bank to sue you at which time you can demand that the bank produce the note and counter sue for the title to be cleared. 2) you could sue the bank release the title and for defamation for the bank placing false statements on your credit report. In order to defend itself, the bank would have to produce the note. If is cannot, it cannot justify the lien on the title or the reports to the credit reporting agencies.

Disclaimer: I am not offering legal advice, assume I do not know the law in your state and that I am just making suggestions for starting points for when you do speak with an attorney. Do NOT rely on anything I write and contact a lawyer in your area immediately after reading my posting.

www.dgw-law.com

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