Legal Question in Credit and Debt Law in Pennsylvania

car loan erroneously marked ''paid in full''

I received the title to my car with a

letter stating my loan was paid in full.

the title was signed stating the lein was

released. I called the loan company as I

still have a year and a half to pay on the

loan. The company told me they would

research it and get back to me. I have

received no further phone calls. I did,

however, receive my loan papers

stamped ''paid in full'' with another

letter stating my loan has been

statisfied and the lein on my car was

removed.

Since I have the title showing no lien is

on the car, the loan papers marked

''paid in full'' and the letters stating my

loan is statisfied and since I contacted

the company questioning their error

and have received no response, what

are my legal obligations concerning the

loan? Can the company now collect the

balance I believe I still owe?


Asked on 8/21/06, 7:39 pm

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: car loan erroneously marked ''paid in full''

You asked if you are responsible for your lender's error in managing your auto loan?

The simple fact is you owe the amount of money you borrowed from the lender plus the interest due thereon.

But don't look a gift horse in the mouth. Send a letter, certified mail, return reciept requested, to the finance company. Briefly explain the situation and state that you will not be liable for any additional fees or interest based on their errors. If your financier still send s coupons then keep on paying. If the company asks you to pay then keep on paying. If the company claims it doesn't want to be paid (it does happen) then don't pay. But don't spend the money. Put the money aside and save a copy of the letter and the return reciept you requested.

If after 6 years you have not been contacted about the money then you no longer need to worry about it. If the company ever comes after the money you must have it available. Do not let them increase the interest due to their errors.

And if they ask for you to reassign a security interest. You should consult an attorney before you grant them a lien on the car.

The moral you should take from this is that you must act ethically, but that doesn't prevent someone else from acting stupidly.

Regards,

Roger Traversa

email: [email protected]

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Answered on 8/21/06, 10:41 pm


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