Legal Question in Credit and Debt Law in Florida
I purchased a 2/2007 Mit. Galant from Auto Sensation & the bill of sales and sales contract shows that I owe $11,765 more after down payment so my payments will be $355.57 monthly to date I have paid $10,800. 02/22/10 I received a phone call from Westlake Financial because they took over the loan so they sent a monthly statement beginning 03/10 for the $355.57 which is the only paperwork I received from them. Now they're claiming the balance due is $3965 so after speaking to Eddie Mateo, supervisor he admitted that they messed up because when they took over the account the balance due should have been $14,765! plus I should have received paperwork from them which I never have & they don't have anything from me other then paperwork from Auto Sensation. My question is after I pay the balance due of $965 can they with hold from giving me my title or what action do I need to take?
1 Answer from Attorneys
If all parties have agreed that the amount for payoff is $965.00 you should have no problem. However, if there is a dispute, it will need to be corrected before you pay off the vehicle.
Get it in writing, witnessed and notarized.