Legal Question in Civil Litigation in Mississippi

Bank lies and keeps title
For two years I have had a car paid off from a bank in florida. Every time i call to request the title they said they mailed it. I give up and just request a copy from mississippi tax comission but they said that the Bank needs to be taken off as the lien holder. I call back the bank and they admited that they wouldnt have sent the title without removing themselves from the title. Not having the ability to sell something i own has cost me a forcloseure and alot of other pain. Is there anything i can do legaly to become compensated for the bank costing me the ability of not selling my car at a time when i was despirite for the money?

Asked on 4/20/04, 10:54 pm

2 Answers from Attorneys

Albert Pettigrew Law Offices Ph 228-875-8736

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Re: Bank lies and keeps title

If the bank was negligent, it will be liable only for damages that were reasonably foreseeable at the time of the negligence. In Mississippi, I believe one has 10 days after satisfaction of the debt to forward the title with the release of lien to the owner. Failure to timely act subjects the lienholder to the risk of a small fine. There is probably a similar law in Florida. Your description does not provide enough information to determine if Florida or Mississippi law controls on issues of contract breach between the bank and you, but it is probable than any claims of negligence will have to be raised in Florida.

Answered on 4/21/04, 7:50 am

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