Legal Question in Banking Law in Georgia
I had a auto loan with Ally. I applied for a refinance with Capital One. I didnt like the terms so I declined and terminated the application. Capital One sent out a check anyway to my my auto loan provider which is Ally. They accepted the check and closed out my account and sent the title to Capital One without my permission or authorization. They both are not giving me the run around and pointing fingers about who is responsible. Capital One wants their money back before they send the title? Ally wants the title before they will release the funds. What do I need to do?
2 Answers from Attorneys
Without seeing copies of what the application said, and without seeing your written (I hope it was written so you can prove it!) withdrawal of the application, there's no way to answer you. Show both to a lawyer. The key will be what the application said (and it may have had language that would have automatically initiated the transaction) and what your letter terminating things before approval said.
Saying you "terminated" tells us nothing about what was signed, and how you "terminated" any agreement.
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