Can my credit union auction my car even though it doesn’t have the title?

I did an auto refi with my credit union and they gave me $7000 towards my payoff with the original finance company. That left a $5000 balance that I had to pay to the original finance company. Because I didn’t have that lump sum of money, I continued to make payments to the original finance company. This past Sunday, my credit union repo’d the car. They said that they did so because they had not received the title to the car. Now they are talking about sending the car auction. Are they able to sell the car without having the title?

Asked on August 15, 2012 under Bankruptcy Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you consult with an attorney that practices in the area of consumer law about your situation. Whether or not your credit union can auction off the vehicle that you have depends upon what your written loan and security agreements state. As such you need to carefully read such documents that I presume you have in that they control the obligations owed to you by the lender and vice versa.

Potentially if the car is auctioned off without title, your state's department of motor vehicles can issue new registered title to the vehicle you have written about post auction.


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