Jacksonville resident Joel Sumlin didn’t even get to make his first car payment before his newly purchased 2019 GMC Yukon was repossessed.
“I just came out… and I’m like, something looks different in the driveway, and I noticed the truck was gone,” said Sumlin to First Coast News. “I went into full panic mode thinking somebody stole my truck.”
Sumlin called the police, who told him that his car had been repossessed. But his first payment wasn’t due until October 25; the car was repossessed on October 6.
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This left Sumlin without a car. It also left him without vital possessions, which were in the car when it was taken.
“My driver’s license, my wallet, debit card, my work badge” were all in the car when it was taken, Sumlin told First Coast News.
Here’s what led to Sumlin’s car being taken — and what you can do to protect yourself from similar problems when you buy a used car.
His car was repossessed because of a lien
The car was repossessed because there was a lien on it before Sumlin bought it. Whenever you buy a car with a lien, you’re required to pay off that lien. If you don’t, that car can legally be repossessed.
Sumlin wasn’t told that the car had a lien on it because the dealership he bought it from, Duval Ford, didn’t know it was there.
“In this instance, Duval Ford was the victim of fraud which then caused an inconvenience to a customer,” said the dealership to First Coast News.
The dealership wasn’t the one to repossess the car — the car loan provider, Santander Consumer, was.
Luckily for Sumlin, the dealership was able to make things right. He was able to get his personal items back, and the dealership provided him with a new vehicle. It’s now up to the dealership to deal with the repossessed car, and they’ve already reached out to law enforcement to get to the bottom of things.
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How to make sure you aren’t the victim of car fraud
If you’re in the market for a used car, you could accidentally find yourself in a similar situation to Sumlin. If you’re not buying the car from a trustworthy seller, your story likely won’t end as happily as his.
Whenever you’re buying a used car, make sure to get a vehicle history report from a company like CarFax. This will include information like ownership history, whether a car has an existing lien on it or whether it’s ever been in a wreck.
You can also use the Department of Justice’s National Motor Vehicle Title Information System to check the used car’s title and make sure the person who’s selling the car actually owns it. You’ll need the car’s VIN to do both of these things, and you should expect to pay a small amount — the NMVTIS charges $4 per report, for instance.
It’s not illegal to sell a car with a lien on it, but it is illegal to sell a car with a lien on it without telling the buyer. If that’s happened to you, you should contact a lawyer — they might be able to help you get your money back.
If you’re told the car you’re interested in has a preexisting lien on it — because you’re buying it from a private seller who’s no longer able to make car payments, for example— proceed with caution.
You’ll want to make sure the lien is removed before you go through with the purchase, even if that means paying it off yourself with money you would otherwise give to the seller.
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Kit Pulliam is a DC-based financial journalist with over five years of experience writing, editing and fact-checking financial content.
