Legal Question in Consumer Law in Massachusetts

automobile ownership

I recently purchased a new vehicle on September 4, 2008. The dealership delivered the vehicle to me that day at a very high interest rate, our credit has suffered in the recent crunch. When the first payment for the loan was due I called Toyota Finance and they had ne record of the loan, this was October 1st 2008. We received a letter fron Toyota stating that the loan was denied pending new terms which we never recieved, that letter was dated September 18th. The loan finally processed with Toyota around October 10th, I called about the letter and they said to disregard it as I have the financing. In the meantime, we received the title for the car in the mail with no lienholder, I again called the dealership and Toyota about the letter I received and was told to disregard it. The dealership has witheld $1895 from me for a bogus extended warranty which I cancelled on September 8th. They are demanding the title, I will not send it to the dealership without my payment first, also I would like a more clear explanation about the letter I received with the changing terms. I have been paying on the loan. Do I legally own this vehicle having the title?

Thank you.

Steve Maibaum


Asked on 11/10/08, 6:38 pm

2 Answers from Attorneys

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: automobile ownership

You own the car. The lender however may seek to place a lien on the car.

There are a number of other problems for which you may want to contact the attorney general's office.

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Answered on 11/11/08, 3:00 pm
Joseph Murray Joseph M. Murray, Esq.

Re: automobile ownership

You should retain an attorney to review all the documents and correspondence as your issues are likely with the dealership as opposed to Toyota Finance. Good Luck!

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Answered on 11/10/08, 6:55 pm


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