Legal Question in Credit and Debt Law in Pennsylvania

Repo with a title?

Two yrs. into a car loan, the bank made an error. They sent me the car's title as well as two checks totalling $4,000. After I made three attempts to get this situation resolved, they stopped payment on the checks but did not resume taking the automatic payments that were arranged at the beginning of the loan. Around the same time I lost my job and was unemployed for one year, so I didn't mind not having a car payment. Nine months later, the bank discovered their error and demanded the back payments which I could not pay. This ultimately led to the bank transfering the problem to a repo company. The repo company has been receiving payments from me on an irregular basis. Whenever I can't come up with a payment they threaten to repo the car. Can they do this if I have the title to the car? Also, I can't figure out why none of this shows up on my credit report.


Asked on 3/25/05, 4:16 am

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Repo with a title?

Interesting situation. You do owe the money to the bank, but they have given up their secured interest in the vehicle. The bank could go to court and ask that the lien be placed on again, but that would depend on how much you owe if it was worth their time and money. You should have an attorney draft a letter to the repo company stating that the bank has no lien and that a repossession by them would be Felony Theft. I offer free consultations.

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Answered on 3/25/05, 8:05 am


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