HI, guys, hope you can help. I bought a used car from a private seller at an estate sale. It sweet, lo miles, the owner only put 600 miles on it in 1.5 years and it still has 2.5 years of an after-market warranty thru Yark.
The man I'm dealing with is the owner's son who has power of attorney because she is demented in a nursing home. He got the loan for his mother thru Wells Fargo and has what is called an electronic lien, not sure if that means he got the loan online or if it matters. I got a loan thru my credit union paid the loan off so that the credit union would get the title to secure the loan, per normal.
The seller/son signed a POA when we closed so that the CU could handle all the details. The CU got the letter from Wells Fargo saying that the lien was discharged, but did not get a paper title and now the loan officer is being told that she cannot get the title because the son cannot transfer a POA. She called the son and told him he has to go to the title bureau and get the title and he is refusing, demanding to be paid for his time, saying she or I have to go get it, he won't do it and has shut off his cell phone, our only contact number.
I just found out about this today as the LO was on vaca for the 3 days after she called him. I have not talked to the seller/son, altho he seemed like a nice guy when all the rest of the deal was going down, so this baffles me.
My question: can I take the papers that Wells Fargo sent to my CU, along with the sellers POA, and get the title myself?
Don't know for sure, but call the title bureau or go there and find out. The heatherdowns number is 419-381-1109. Good luck
Thanks, HF, the CU person already did that, that's why she knew she couldn't do it. My next question is, why is this guy being such a dirkhead? Isn't this his responsibility as his mom's POA? How do I get him to do this for me? He got his loan paid off and now won't give me the title? Wtf is that all about?
nana posted at 07:46:46 PM on May 29, 2012:Thanks, HF, the CU person already did that, that's why she knew she couldn't do it. My next question is, why is this guy being such a dirkhead? Isn't this his responsibility as his mom's POA? How do I get him to do this for me? He got his loan paid off and now won't give me the title? Wtf is that all about?
Likely he's acting like an asshat because he wants money. You have some and he wants it. See?
If I'm reading your situation correctly, the important points are:
You bought the car
You paid your money to the owner of the car
You are in possession of the car but not the title.
True so far?
If this is the case, you might try getting the police involved. The cops might not want to do anything about this, claiming your situation is entirely civil and no crime is being committed. I don't really agree with that, but - if the police fail, call an attorney and find out what you should do.
It's likely this man wanted the car for himself and didn't get it or something. Anyway, don't put up with his idiocy.
No, MJ, if he had wanted the car, he could have had it, that's not the problem. He thought he was done with this transaction and it turns out he's not and he doesn't want to have anything more to do with it. He's a high-end energy consultant and this whole thing may be a bit distasteful, having to deal with all these picayune details. If I can't get the title tomorrow, and I can't get him on the phone, I'm calling my lawyer to send him a letter. Am I able to get an extension on a 30 day tag? If I have to because of him, I'm billing him. Guess I'll find out tomorrow. More time off work. :(
Sounds to me like the CU is the one who screwed up and should carry the loss - they loaned you money for a car that they were supposed to secure title to, which didn't happen.
I think you have a legitimate case for saying you don't owe them any money until they can get the title in your name. A bank officer should not be taking POA for anyone if they don't know the rules about POAs, such as you can assign your power under a POA to a third person.
I'd call the bank up and tell them they need to get their attorney involved, because you are not paying for a loan on a car that you don't own.
whoa, MrsArcher, I never thought of that!
Well, I talked to the wife, the title bureau and the credit union so far this morning, and all are saying the same thing...he has a legal responsibility to do get that title. His wife gave me his work number and I called and left a message that he needs to do this today and offered to meet him at whatever title bureau he chooses to save steps on the transfer. His wife graciously offered to go to his office and push him if he doesn't respond, even she knew what he was doing was wrong. The CU officer will get her lawyer on it tomorrow if he doesn't call me today. what a clusterfuck. thanks for the repsonses, this has been a learner.
His wife graciously offered to go to his office and push him if he doesn't respond...
There's got to be a real story behind this one.
well, she had already told him that what he was doing was wrong, so she just offered to help reinforce it. :) No call from him yet, hope he's gonna man up. I hate to get bitchy.
so, the guy still has not contacted me, any more ideas? How can I make him get that title work done?
Small claims court? The amount might be over the limit but it's something that he would have to respond to and the court at push youto mediation where a mediator could'encourage' him to just get the fricken' title. If he's 'too' busy to go to the title agency, he's not going to like wasting time going to court.
well, as it turns out, being bitchy worked. we got into it on the phone and after 30 minutes of the go-around, I called him a retard and slammed the phone down. 90 minutes later, he calls me from the title office wanting my personal info, he transferred the title to me instead of the credit union, which they weren't too happy about, and I'll pick it up the title with my name on it from him tomorrow morning. crazy shit, I tells ya!
DONE!!!! Title transferred and plates on the car, SO glad I will never have to speak to that man again! He got right back into it with me on the phone this morning, wanted me to meet him at his mom's sometime between 11-12 to pick up the title, after he had said 'early'. That was way too vague and probably would have been too late to run to BG and get shit done, so I said no and went out to his house to get it. I guess after he got pushed around yesterday he needed to get back in control of the situ, but I was sick of dealing and losing time off work. Anyway, all is well and I need a drink! :):)
nana: Glad to hear it finally worked out for you. For the life of me, I just can't understand why this guy was such an a$$ about it. Sounds like he definitely has some issues. He'd do well to spend some of his inheritance on a good shrink.