Cana lenderreposess my car after they have given me a title witha lien release?

UPDATED: Mar 16, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Cana lenderreposess my car after they have given me a title witha lien release?

I was recently in dispute with my auto lender about additional charges that they added onto my loan (I deferred 3 payments to the end of the loan). I paid the amount they said was due and received the title to my car with the lien release signed and notarized and a letter from them stating that the loan was paid in full. The last payment was an EFT from my checking account and later returned to my checking account by the lender. I called and they said the loan was paid, so I assumed I really didn’t owe after all. Now they are saying I owe. What can I do?

Asked on March 16, 2011 under Bankruptcy Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You should consult with an attorney, since your rights and the next steps depend on exactly what was said and provided in writing, as well as the timing of it. For example: the lien release and notice of payment may have been--and very possibly were--predicated and contingent upon paying the full amount due after your discussions with the lender. If one of the payments was mistakenly returned, then they could require that payment to be made again, so that you have paid the full indicated amount.

As a general matter, if you had an agreement with the lender, they have to honor it as long as the agreement was not based on some material, or imporant, mistake as to the facts. That means that to determine what you have to do or should do, you need to look to exactly what that agreement was and what payments were made pursuant to it. An attorney can review correspondence, agreements, lien release, and payment history with you and help you determine your rights and recourse.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption