Bank Misrepresentation Legal Case

Summary

You may have a strong case for slander, disparagement of title, and unfair credit reporting practices due to the banks misrepresentation. Slander involves false spoken statements harming reputation, while disparagement of title involves false statements about property ownership causing financial loss. Additionally, there may be a breach of contract or unfair credit reporting practices by the bank. Documentation, such as a DMV vehicle record showing the lien sale was denied, could support your claims. Consider consulting with an attorney to discuss your options and next steps.

Full Conversation

An auto body shop put an invalid lien on my Vehicle and kept it for a year. I won an order for possession in court but it was vacated because my bank sent a declaration saying I had defaulted on my loan and the Vehicle was being repossessed. But I was making payments on a payment plan with the bank. The bank knew the auto body shop's lien was extinguished but they still sent a declaration that claimed I had defaulted on my loan and the Vehicle was being repossessed. So my order for possession was vacated.
It sounds like you may have grounds for a legal case involving slander and disparagement of title. Additionally, there could be a breach of contract or unfair credit reporting practices by the bank.
Did you receive any written confirmation from the bank about your payment plan or any communications indicating the lien was extinguished?
The auto body shop waited 135 days before applying for a DMV lien sale. the legal limit to apply for a dmv lien sale is 30 days, after this the lien is extinguished. The repair shops lien began on December *, * but they did not apply for a lien sale until May *, *. They also lied on the application using false dates and information by claiming that the lien began on February *, * so the lien would appear valid. Their lien sale was denied. I had kept my bank abreast of the progress of the case but they still misrepresented their knowledge of the extinguished lien in their declaration. The bank claimed to had learned of the lien on September *, * when the actually I have a letter from my bank confirming that they were contacted by the auto body shop and informed of the lien on February *, *.
It appears that you might have a strong case for slander, disparagement of title, and possibly unfair credit reporting practices.
In California:
- Slander involves false spoken statements that harm someone's reputation.
- Disparagement of title involves false statements about property ownership causing financial loss.
- Breaches of contract and unfair credit reporting practices are also serious issues.
Do you have documentation of your payment plan with the bank or any written communications indicating the lien was extinguished?
The bank would not allow me to send them any of the court documents showing the lien was extinguished. The bank also refused to send me any type of document that could be used in court. But they freely gave a declaration to the auto body shop even though there was no evidence of a lien at all.
It sounds like you have a strong case involving potential claims of slander, disparagement of title, and unfair credit reporting practices. You may also have grounds for a breach of contract claim against the bank.
Do you have any written communication or evidence from the bank confirming your payment plan and knowledge of the extinguished lien?
Yes, dmv vehicle record that shows the lien sale was denied.
It seems you have a potentially strong case involving slander, disparagement of title, unfair credit reporting practices, and possibly breach of contract. You have documentation that could support your claims.
Have you considered consulting with an attorney to discuss your options and next steps?