Expert: Regan Shinski - 11/3/2010

Question
I went to get a auto title loan in glendale az on 9/14/
2010 upon completion of thr app around 7:30pm I
was told that they couldnt put a lien onthe vehicle
because there was some issue with the title. the guy
doing the application then said he would take my
application home with him and meet me at the third
party mvd office that there this title loan company
owms as well to get the title issue straightemed out
the application he took home had my information
and also a power of atty. I returned to the same
office 9/15/2010 the next day but was informed that
the rep that took my application home was not
working that day I was told by that rep that he could
complete the loan for the other rep despite the fact
that they cannot get a lien on the vehicle.  I did not
sign anything he had checked faxed over to the
office and I left. I was shopping around for a loan for
several days before I went to that particular
company so  I was recievimg phome calls from otjer
title loam compamies. so on 9/17 I was told by
another that I had been approved I was told to bring
my title im to get the money. I wemt to the mvd and
got the title out and then got thw other loan  om9/19
I recieved a call from the title loan place I went to
on9/15 stating that I commited fraud and needed to
give them the vehicle. I askes them why and he told
me they werent able to getthe lien placed on my
vehicle because I had two loans but the other
company filed the lien before they did.i refused
togive the car back and insisted that it was there
fault. on 9/22/2010 I recieved a call from a family
member that was using car that a tow truck picked it
up. it was thefirst company but the second place I
have the loan with has the lien.
on the contract it says the first loan was opened9/15
the first payment was due on 9/30. I recieved a
letter from them postmarked  the same day stating
we repossesed your vehicle 9/22 due to a non
payment on 9/30 and will be sold at auctiom 10/1/
2010. so I have been trying to sell the vehicle to
settle thr account but being as since they have the
vehicle impounded the customers have to go to
them to see it.recently a guy went there to see the
car through the fence the gm of the titleloan
company and the tow yard attendant than took it
upon themselves to tell the guy that was going to
buy the car my name and that he shouldnt buy the
car. they said that I commited fraud asked him how
he found out the car was for sale he told them he
seen online in the classifieds they then informed
that there are alot of scams online and that I would
never b ee able to give  him a clear title so he called
me after they said all of this crazy stuff so I recorded
his account of what happened. I found out they did
the same thing with the other customer as well they
cant sell the vehicle because the state wont give
them title but I wanted to pay them off and was told
that would be okbut  the same guy the general
manager keeps telling people things about me
thatmake them not buy the car

Answer
Hi Sharon:

You gave a lot of detail (thank you) but it is still a confusing situation.  I'll do my best.

If the company that took the vehicle and is holding it does not have title - and you are certain of this - call the police.  Get a duplicate copy of the title, call the police, and meet them at their lot and ask them to recover the "stolen" vehicle.  Have a camera ready to photograph the vehicle as it sits in the impound lot.  You may be in litigation with this company down the line and you want the condition of your vehicle noted in case they have damaged it.  you may have to have company two come with you or pay company two first.

Now, I must admit, I am a little concerned or confused about one thing in your situation.  Did you actually get a loan - receive money - from the company that took the vehicle?  If you did, why did you go through the process of receiving money from the second company?  If this happened, I do believe it is possible you committed fraud.  It should not change the fact of the titles and your ability to recover the vehicle but I would straighten out as soon as possible.  You should contact an attorney if you feel you have committed a crime.  I would not let that issue interfere with the civil action of retrieving your vehicle.

Was the vehicle sold at auction?  I don't think so based on your post, but if it was you need to get the papers and prepare for litigation.  Contact me again if that is the case.

Good luck, please keep me posted.  It's an interesting situation and I hope it works out for you.  Post again or contact me through www.ficofighter.com if you have any questions or if I am misunderstanding the situation.

Regan

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