Can they repossess the vehicle after having released interest in the vehicle?

Asked over 1 year ago - Madeline, CA

We purchased a used vehicle in March 2011. In December 2012 the loan company delivered to us the title signed and dated releasing interest in the vehicle. Following instructions on the title, we submitted the title to DMV and a new title with no lienholder was issued to us. Now the loan company is threatening to repossess the vehicle. Can they repossess the vehicle after having released interest in the vehicle?

Attorney answers (2)

  1. Michael Raymond Daymude

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . If the "release" was in error, yes. Otherwise, no.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more
  2. Scott Richard Kaufman

    Contributor Level 20

    2

    Lawyers agree

    Answered . To repossess a vehicle the lien holder must have a perfected security interest in the vehicle and have that filed. Further, there must be a contract in place and a default under the contract. None of this exists in your fact pattern. Now, that threat to repo, that's a violation of the Rosenthal Fair Debt Collection Act and worth up to $1,000.00 to you if it is provably (hopefully in writing) and they have to pay your atty too.

    For more info or direction, contact my office.

    http://www.CaLemons.com

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