Legal Question in Civil Litigation in Iowa

I bought a car from a guy and talked to the bank before getting the loan telling them he said he cant give them a title till he pays the loan he has for the car off.. They still wrote me a check for $20,000 and never required this guy to send them the title right away because he said he needed the money to pay off the loan of the car first. Soon after he disappeared out of state and the bank tried to track him for maybe 2 months and just stopped looking for him once they saw I kept paying my monthly payments on time. So I have a car with no connection to me besides his bill of sale. I have paid in over 12 grand of the loan and the bank hasn�t bothered to pursue this guy. I had a DOT Sergeant who investigates these kind of issues even tell me there is nothing he could do. I was told that since the bank signed a check over to him with no security that I should be allowed to get all I have paid on my car back since I cannot drive it and it has no documentation or registration to me? It�s all still under his info and name. In return I just give them the car and it�s their job to go find him and get the money back?


Asked on 2/28/11, 6:21 am

1 Answer from Attorneys
Robert Luedeman solo practitioner

I think you would need to search through DOT and see what the state of the title of this vehicle may be, as it's likely there's another lien holder. If not you can apply for a bonded certificate of title. It does sound like the bank has a big problem and they're taking the simple way out which is trying to make you pay for it. I suggest you get yourself an attorney because there's a lot at play here that is up in the air so to speak.

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Answered on 3/02/11, 8:49 am


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