Auto Title Fraud

 

What Should I Do If I Become a Victim of Auto Title Fraud?

What should I do if I become a victim of auto title fraud? Auto title fraud is a serious crime that can leave victims with significant financial losses and legal headaches. It involves illegal or deceptive practices related to a vehicle's ownership documentation, the title. If you suspect you've been targeted, taking swift and informed action is crucial to minimizing the damage and protecting your rights.

Defining Auto Title Fraud

Auto title fraud encompasses a range of illegal activities centered around the vehicle's title, the official document proving ownership. This can include:

• Title Washing: Concealing a vehicle's history of damage (flood, salvage, or accident) by altering or falsifying the title, often across state lines.
• Odometer Fraud: Illegally tampering with a vehicle's odometer to show a lower mileage than the actual miles driven, thereby inflating its apparent value.
• Forged or Altered Titles: Creating counterfeit titles or altering existing ones to transfer ownership illegally or conceal liens.
• Title Skipping/Jumping: Avoid paying sales tax or other fees by failing to properly title a vehicle after a sale, often involving multiple sellers without a registered title transfer.
• Lemon Laundering: Hiding the fact that a vehicle has been deemed a "lemon" by a manufacturer or court and reselling it without disclosing its history.
• Using a title as collateral to acquire a loan and not disclosing it to a subsequent purchaser.

Steps to Take If You Suspect Auto Title Fraud

Discovering you've been a victim of auto title fraud can be distressing. Here's a step-by-step guide on what to do:

1. Gather Evidence:

   • Collect all documents: Sales contracts, title documents, repair records, advertisements, communications with the seller, and any other paperwork related to the vehicle's purchase and history.
   • Document discrepancies: Carefully note any inconsistencies between what you were told about the vehicle and its actual condition or history. This might include differences in mileage, damage reports, or title information.
   • Take photographs: Capture images of the vehicle's interior and exterior, focusing on any visible damage or signs of tampering. Photograph the odometer reading and the Vehicle Identification Number (VIN).

2. Verify the Vehicle's History:

   • Obtain a Vehicle History Report (VHR): Services like Carfax or AutoCheck compile data from various sources to provide a vehicle's history, including accidents, title issues, odometer readings, and past ownership. Compare the VHR to what you were told about the vehicle. Pay special attention to any discrepancies in the Vehicle History Report such as number of owners or the vehicle has been in an accident.
   • National Motor Vehicle Title Information System (NMVTIS): NMVTIS is a national database that contains information on vehicles from participating states. It can help you verify a vehicle's title history and identify potential problems.
   • Check with the State Department of Motor Vehicles (DMV): Contact your state's DMV to inquire about the vehicle's title history and any reported issues.

3. Contact the Seller:

   • Document all communications: If you believe you've been defrauded, contact the seller in writing (email or certified mail) outlining the discrepancies you've discovered and requesting a resolution. Keep copies of all correspondence.
   • Be prepared for resistance: The seller may deny any wrongdoing or refuse to cooperate. Remain calm and professional, but be firm in your request for compensation or a refund.

4. Report the Fraud:

   • Law Enforcement: File a police report with your local law enforcement agency. Provide them with all the evidence you've gathered.
   • Department of Motor Vehicles (DMV): Report the fraud to your state's DMV or equivalent agency. They may have investigators who handle title fraud cases.
   • Federal Trade Commission (FTC): File a complaint with the FTC, which investigates fraud and deceptive business practices.
   • State Attorney General: Contact your state Attorney General's office, which enforces consumer protection laws.

5. Seek Legal Counsel:

   • Consult with an attorney: An experienced attorney specializing in consumer protection or auto fraud can advise you on your legal options and help you pursue a claim against the seller. They can assess the strength of your case, negotiate with the seller or their attorney, and represent you in court if necessary.
   • Consider a demand letter: An attorney can draft a formal demand letter to the seller, outlining the legal basis for your claim and demanding compensation. This can often lead to a settlement without the need for a lawsuit.

6. Notify Your Lender and Insurance Company:

   • Lender: If you have a loan on the vehicle, inform your lender about the situation. Fraudulent title issues can affect the value of the collateral and your loan agreement.
   • Insurance Company: Contact your insurance company to discuss the potential impact on your coverage. They may need to investigate the vehicle's history and condition.

7. Protect Yourself from Further Harm:

   • Avoid further transactions: Refrain from making any further payments to the seller until the matter is resolved.
   • Monitor your credit report: Check your credit report regularly for any unauthorized activity or accounts opened in your name as a result of the fraud.
   • Document everything: Keep meticulous records of all communications, expenses, and actions taken in connection with the fraud.

8. Consider Mediation or Arbitration:

• Mediation: A neutral third party helps you and the seller reach a mutually agreeable solution.
• Arbitration: A neutral third party hears both sides of the dispute and makes a binding decision.
• Many sales contracts contain clauses that require mediation or arbitration before you can file a lawsuit. Review your contract carefully.

9. State Consumer Protection Resources:

• Research state-specific laws: Consumer protection laws vary by state. Familiarize yourself with the laws in your state that protect consumers from auto fraud.
• Contact consumer protection agencies: Many states have consumer protection agencies that can provide information, assistance, and mediation services.

10. Consider Small Claims Court:

• Suitability: If the amount of your damages is relatively small, you may be able to pursue a claim in small claims court.
• Simplified process: Small claims court is designed to be a more accessible and less expensive forum for resolving disputes.
• Consult with an attorney or research the requirements of your local small claims court.

10 FAQs About Auto Title Fraud

1. What is the VIN, and why is it important?

   • The Vehicle Identification Number (VIN) is a unique 17-character code assigned to each vehicle. It's like the vehicle's fingerprint and is used to track its history. Always verify that the VIN on the vehicle matches the VIN on the title and other documents.

2. How can I spot odometer fraud?

   • Check for loose or missing screws on the dashboard, misaligned numbers on the odometer, or gaps in service records that don't align with the mileage. Also, compare the odometer reading to the vehicle history report. Significant discrepancies are a red flag.

3. What is a salvage title, and why does it matter?

   • A salvage title indicates that a vehicle has been declared a total loss by an insurance company due to damage exceeding a certain percentage of its value. Salvage vehicles may have significant structural or mechanical problems. It is illegal to sell a salvage vehicle without disclosing that information.

4. What is a title washing?

   • Title washing is the process of concealing a vehicle's salvage or damage history by transferring the title to a state with less stringent title requirements. The "washed" title then appears clean, hiding the vehicle's true condition.

5. What should I do if I bought a car with a lien I wasn't told about?

   • Contact the lienholder (the bank or lender) to understand the outstanding debt. Then, contact the seller and demand that they resolve the lien. If they refuse, seek legal counsel to explore your options, which may include suing the seller for breach of contract or fraud.

6. Can I return a car if I discover title fraud?

   • Your ability to return the car depends on the specific circumstances, the laws in your state, and the terms of your sales contract. In many cases, you have the right to rescind the contract and demand a refund if you can prove fraud.

7. How long do I have to take legal action in a title fraud case?

   • The statute of limitations (the deadline for filing a lawsuit) varies by state and the specific type of claim (e.g., fraud, breach of contract). Consult with an attorney to determine the applicable statute of limitations in your case.

8. What damages can I recover in a title fraud case?

   • Potential damages may include the difference between the price you paid and the vehicle's actual value, repair costs, lost wages, attorney's fees, and, in some cases, punitive damages (intended to punish the seller for their fraudulent conduct).

9. Is title fraud a criminal offense?

   • Yes, auto title fraud is a criminal offense in most jurisdictions. Perpetrators can face fines, imprisonment, and other penalties.

10. How can I prevent auto title fraud?

    • Thoroughly inspect the vehicle, obtain a vehicle history report from a reputable source, have a mechanic inspect the vehicle before purchase, verify the title's authenticity with the DMV, and be wary of deals that seem too good to be true. If possible, pay with a cashier's check or secure financing to leave a paper trail.

Becoming a victim of auto title fraud can be a stressful experience. By taking prompt action, documenting everything, and seeking professional help, you can protect your rights and work toward a fair resolution. Don't hesitate to consult with legal experts to navigate the complexities of your case.