What happens when you have two title loans on one car But didn't know you couldn't.

I have two title loans on one car. The first loan is from a different title loan company but when the I paid off the lien holder of the title (not the first title loan), the finance office sent me the clear title by mistake. I went to the MVD to check on the clear title that I recieved from the finance company and there were no lien against it.....nothing. I immediately took that clear title to another title company because I really was in a financial hardship. They checked the title and it cleared so I got a second loan on it. Recently, when I walked out to the parking at my resident my car was gone!! I got a letter from the 2nd title loan who had the actual title and they"re the one that took the car. What happens now to the first title loan which doesn't have the original title?

Chandler Heights, AZ -

Attorney Answers (2)

Thomas John Cesta

Thomas John Cesta

Bankruptcy Attorney - Mesa, AZ

Either Title lender could repossess if the debt was not being paid or if they discovered fraud in the inducement. As the other attorney explained, the repossession by one company did not extinguish your obligations to pay the full debt owed to both companies.

If the repossessing company sells the vehicle at auction for less than you owe, it is likely to sue you for a deficiency. The other company does not have anything to sell, so if you stop paying them, they can also sue you. Depending on how many debts you have, you may want to consider a bankruptcy. Most bankruptcy attorneys will give a free consultation. You should also call and make sure you will actually meet with an attorney before you sign a retainer. If you have to pay first, then it is not a free consultation.

I am an Attorney with Fife & Cesta, a compasionate bankruptcy firm conveniently located off the US 60 in Mesa,... more
Norman Antonio Stiteler

Norman Antonio Stiteler

Health Care Lawyer - Corrales, NM

You have two debts that have been secured by two different creditors on one piece of property; clearly, only one can actually take possession of it if you default. Having the collateral seized by one doesn't extinguish the debt to the other. I am guessing that one company found out the collateral was used in two loans and decided to take possession of the car due to your default (of the conditions of the loan), the other debt continues to exist and is not extinguished, you still owe it.

What happens now? My guess is both companies will take action against you to get whatever remaining debt you owe them.

I am licensed in New Mexico and Pennsylvania, and therefore any discussion of issues related to other states must... more

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