Ally Is Terrible And Never Buy From Someone Who Doesn't Hold The T

[disarticulate]

A lot of this goes without saying, and I'm really kicking myself for this, but I'm locked into the deal after already handing over some cash so I just have to wait.

 

I bought a car from a private party and the title is tied up with her lender. Needless to say, it's been an absolute nightmare closing this deal. Long story short, the private party won't turn over the car to me, even though I've paid for everything (edit: cashier's check that is waiting to be cashed once she's ready to hand over the truck and a cashier's check that was sent to Ally last week), until Ally confirms that the title is no longer in her name. I have a bill of sale, and the car is fully insured in my name. Every time I call Ally to check on the status of the account, I get someone in the Philippines who barely speaks english and can't help at all.

 

Now I have a law degree, but no experience (I went straight to medical school after law school) is the bill of sale admissible and binding? Do I have any rights here?

[old-chevy-dude]

did you finance the vehicle? if you did the title has to go to your bank, credit union, whomever.

 

if you paid cash then the title has to go to the owner, she has to sign it and hand it over to you..

 

In California, (can't speak for other states) Ally has 10 days from day vehicle is paid off in full (whether by you or your financing bank) to release the Title. If it is going to "her" (i.e. the privious owner) she has 72 hours to sign it over to you else it can be considered a stolen vehicle.

 

 

In Addition here in CA, if you do not receive the Title within 10 days of the pay-off, you can take the bill of sale to the DMV and Request a duplicate title (the other party will probably need to be with you) at which time they will issue a new title and flag the original as lost.

 

but that is CA.. I've been thru this with private party sales on both sides of the deal, so I know where in I speak, but your State may have different laws/rules.

[txab]

^^^ All good info

 

How long has this been going on?

[music]

You handed the money to the private party, who doesn't hold the title? Did they screen candidates at your medical school (yes, I'm kidding!) Not that it helps now, but when buying from a private party that has a lien, you want to meet at their lender and pay *them* for the title, and the owner the balance. Or, much easier... take out a loan from your bank/credit union and let them handle it. Pay it off as soon as you wish.

[Superperv23]

It isnt just ally, this can be a slow process with any creditor. First off you should have first dealt with the lien holder, ally in this case, figure out how the process would go. Legally the seller can not sell you the car as they are only in actual possession of it, they do not posses the legal title. The bill of sale is essentially useless, you bought the vehicle but as far as having a court award you possession of the vehicle they can not because possession of the vehicle rightfully belongs to ally until the paper work is completed it.

 

What you should have done was made arrangements to pay ally directly and not the seller, then depending on the amounts either pay and excess to the seller or have the seller pay ally and excess. By giving the seller money you have opened yourself up to be scammed, you have bought a car from someone who did not have the right to sell it and if they disappear into thin air you have no recourse against them now.

[Silverado4x4]

Sounds like to me that the owner of the car didnt pay off the loan with the money you gave them thus getting the title and then giving it to you. Both of you should have went to the loan company and payed it there then you would have gotten the title after signing the title copy the other owner had.

[disarticulate]

You handed the money to the private party, who doesn't hold the title?

 

I gave them $1000 to hold the truck. I can still cancel out all the checks and just tell her that the deal is off, but then I'd be out $1000.

 

when buying from a private party that has a lien, you want to meet at their lender and pay *them* for the title, and the owner the balance.

 

Haha please give me the address of Ally, and I will go fly out immediately (jk). When I call their number, I get the Philippines, then I ask for someone in America, and I get Kansas, but I mailed my check to a PO Box in Phoenix.

[old-chevy-dude]

I'd say go to the TX DMV, or at least call and ask for the Titles division so you can get specific info about what it takes in TX and what time limits ALLY has..

[HawkScot]

Can be frustrating, but be patient and just work through the process.

 

Agree with above,

 

ALLY won't do anything with the title until they are paid off.

 

ALLY can't give you the title even if you paid it off, it has to go to the registered owner, unless the registered owner tells them otherwise.

 

You might have some success with a 3 way call, you, the seller, and ALLY and discuss what needs to happen to get the title.

 

Good luck and stay positive.

[disarticulate]

I'd say go to the TX DMV, or at least call and ask for the Titles division so you can get specific info about what it takes in TX and what time limits ALLY has..

 

Just got off the phone with Texas DMV, and they said I have no rights to get a duplicate title or resolve any issue with that VIN# until I have the title and/or it's registered in my name. She said that if Ally cashes the check and the title isn't delivered in a timely manner that I have to pursue it legally.

[disarticulate]

duplicate post

[Superperv23]

I'd say go to the TX DMV, or at least call and ask for the Titles division so you can get specific info about what it takes in TX and what time limits ALLY has..

 

Just got off the phone with Texas DMV, and they said I have no rights to get a duplicate title or resolve any issue with that VIN# until I have the title and/or it's registered in my name. She said that if Ally cashes the check and the title isn't delivered in a timely manner that I have to pursue it legally.

 

 

Exactly, there is no way a dmv can say here is the title to a vehicle. If they did that I could get your vin and some pics of your truck, put an add on craigslist and get some interest, draw up some fake paperwork dated 23 days ago go to the dmv say you never gave me title get a new one and then steal your truck meet my craigslist buyer and have it sold before you even know it is gone. Repeat that 20 - 30 times and move somewhere warm drinking fruity cocktails renting jet skis to fat guys in flowered shirts and live the dream.

[redjewel2ss]

i hope everything works out...

 

this is why i don't buy anything from a private party where there is a lien on the item i am buying. it is so much easier to go to a used car lot or dealership to buy a car.

 

and i would never take out a loan to buy a car; "if you cannot pay cash for a vehicle, you cannot afford it!" (Dave Ramsey)

[disarticulate]

Exactly, there is no way a dmv can say here is the title to a vehicle. If they did that I could get your vin and some pics of your truck, put an add on craigslist and get some interest, draw up some fake paperwork dated 23 days ago go to the dmv say you never gave me title get a new one and then steal your truck meet my craigslist buyer and have it sold before you even know it is gone. Repeat that 20 - 30 times and move somewhere warm drinking fruity cocktails renting jet skis to fat guys in flowered shirts and live the dream.

 

Yup. I'd hope there'd be a fail safe in there somewhere where the DMV contacted the current registered owner.

[disarticulate]

i hope everything works out...

 

this is why i don't buy anything from a private party where there is a lien on the item i am buying. it is so much easier to go to a used car lot or dealership to buy a car.(Dave Ramsey)

 

Thanks. That is definitely the lesson I learned on this transaction. I will never buy another private party vehicle unless there is a title in hand or the title is with a lender that I can speak to in person (i.e. credit union).