Legal Question in Banking Law in Virginia

My son is 21 and got a personal loan to buy a truck from our credit union. When doing the paper work he asked if they would need to hold his title and he was told no sicne it was a personal loan. Ablout a month after he got the loan they started asking for his to sign a lean paper against the truck so they could hold the title as culateral. He does not want them holding the title since they said in the begining of the loan process they would not need it. It has been all most a year and they are still wanting the paper signed. He has not missed or been late on any payments in this time. Now I took the payment for last month for him and they said this would be the last payment they will except until they get the lean paper. Can they refuse payments because of this? I don't see how they could refuse the payments, then come after him for not making the payments. Pleas let me know if we have a legal right were they have to except payment?

Asked on 11/09/10, 8:19 am

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Merely signing a "lien paper" against this truck

is not the same as holding title to the truck and if your son signs

such a document it should not interfere with his continuing to hold title

to the vehicle. (DMV would then be notified that the loan company has

a claim, i.e., a lien against the truck but title should continue in his name.)

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Answered on 11/28/10, 7:01 am

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