AMA: How do I regain possesion of my vehicle?

Question: I wanted to ask you if you have any information I can use other than the administrative process and notarial protest. in order to regain possession of my vehicle that was repossessed in June 2023.

Answer:

  • I can’t really comment on repossesion due to a loan.
  • I am not ‘you’, which is always plural. The best way to phrase thy question would be, “I wanted to ask thee if thou has any…”. Now that’s covered, let’s get on with it.
  • Can thou get the MCO (manufacture certificate of origin)? The true owner of the car has the MCO. That would be my first step. The DMV may have the MCO. Thou must demand it back, I guess. With the MCO in hand, one might make the move to get the car, since thou has the MCO and that means thou is the owner. I expect in an honest loan, the bank would get the MCO until thou pays of the loan.
  • The title may not be relevant and even if it is, they split the title: they retained the mco and true owning and gave thee possession or use. Thou only has the car out of their kindness and because they likely charge an annual fee in some way.
  • Also, I’ve read that mortgage- are not on the land or the home, but some other paper item or ‘property’. With foreclosure, one is supposed to send a photo of the home and ask if that is the item associated with the loan. I believe they have to say ‘no’ (but not sure). Similarly, I would then test this by sending a photo of the car and asking if that item is associated with the loan.
  • Don’t use the word ‘vehicle’, as that is a commercial term. I think once someone registers a car, then it’s called a motor vehicle. The term “motor vehicle” means a car registered with (now owned by the DMV). Thou has a conveyance or a car, not a vehicle.

Reply from reader:

  • I just picked up the history of the title to the vehicle and mco. But my name isnt on the title. Im not sure what im looking at but from i see I can send picture of it

My reply:

  • Forget about the title. Get the MCO. Yes, send a photo but redact thy name if possible.

Reader provided copy of Application for Title.

  • I added call-outs and redactions.
  • Note that the owner evidence is the Manufacturer’s Cert. of Origin. That is the key document to establish oneself as owner. Don’t give it to the DMV. Or get it back!
  • This application also shows the financing bank has the 1st lien. The definition states that the creditor may hold the property until the debt is paid. Well worth my time to review all the different lien types.
  • For this reader, it does seem like the bank can repossess the car until the amount due is paid. Of course, one could then challenge the loan itself, as I noted above. Banks are not the old thrifts or Savings & Loan entities that borrowed from A and loaned to B, and made the margin. Banks simply exchange one promissory note for another. No loan takes place… What we call cash is actually notes, meaning promissory notes. The application for the loan is a promise to pay back an amount. The cash provided is a promise to pay an amount as well. But let’s get back to the car, the point of this blog post.

Copy of an application for certificate of title. Highlighted areas include proof of ownership: Manufacturer Certificate of Origin

 

Notice: Without prejudice. All rights reserved. In the private. Not legal advice, because not part of the legal society. This deals with people, not persons.

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