Check State laws first
In the state of New Mexico no unsecured credit card can act upon an outstanding balance without a judgement from the court that specifically assigns a lien to a house. The fixtures in one’s house may not be used in any case , and certainly without a document the clearly lists the items and the real estate involved , without a notarized filed document that shows signatures of the borrower and lender.
I was never asked to sign any document that attaches my house to an unsecured credit card for $1000 limit. I happened to have missed ONE PAYMENT because my husband needed medical equipment for the house when he went in to HOSPICE care here at home. Clearly an emergency situation. After checking the laws in NM every homeowner is protected from debt by the Homestead exception , this means a single home owners home is protected from any debts being attached to the house other than a deed of trust with the required documentation and notarized signatures the first $160,000 is protected and a couple has $300,000 in homestead protections.
Now I’ve only had the account for a couple of months . The first payment I doubled the amount , and paid it no problem. The emergency hit and the last payment I had to miss which puts me at payment 3 in a couple of days. However I don’t like recieving daily phone calls after I have written to them telling them my situation and now I’m getting texts telling me they will enforce their UCC legal security’s document. The problem is they have no such legally enforceable document. An addition two pages added on to a regular credit card terms document which doesn’t mention any home owner details. But goes into details about a car title which doesn’t apply to my account either.
I’m upset right now at pressure tactics. I intend to ask an attorney if I even have to pay st all given their clearly unlawful methods to assume they have a right to tell a homeowner they cannot sell the fixtures of my home, without any signature, nor details of any such fixtures and exactly they think my fixtures include and most importantly without a judgement that specifies a lien of any kind may be attached to my title.
Perhaps this company should infact look into each states homeowner rights and protections . And exactly how long a company may take in order to start collection attempts.
Had they just read my contact in writing I think they would have had better cooperation in just waiting a couple of weeks because I had an emergency regarding my husband with Glioblastoma stage 4. I’m thinking I may have a legal right to damages and the debt removed for the harassment and predatory tactics. You claim to be different than other people who offer credit cards but all of this at 29% interest I doubt will cotton any favor with the county judges. And pressuring someone who has told them I had an emergency which can be VERIFIED will just add to the evidence in my favor if they wish to pursue a case against me rather than wait until I get paid in a week.
If offered a credit card make sure that you do not send in any documents after the fact unless you check the laws of your state. Repossession of a car for a loan that is a fraction of the value might be unlawful where they can place a lien until YOU SELL IT , might be how your state defines a credit card that is using car title demands that the terms are not defined and initialed and signed with a notarized document, might apply . And don’t send your title until you have seen the account number of the card and as per their terms you get half while you wait for the remainder once they get your car title which is what their website says .
Sorry Yendo but rather than have a good customer you have threatened someone who happens to know their rights and yours regarding real estate , and anything filed against my house would be fraudulent since I’ve sent nothing nor signed anything and had it notarized.
Real Estate laws vary by location , but I’m happy to say NM does have laws that favor homeowners. What bothers me if the many reviews of people having vehicles worth thousands and only obtaining a tiny amount. And a title document sent in good faith only to have issues obtaining the documents back, and I’ve yet to read about anyone seeing a lein holders name placed on the title and the ownership papers returned . A regular car loan you hold the title and cannot sell it without their signature, but with a car title loan company it certainly seems like they should have better procedures for handling and holding your document. You might try bringing all of your pay off proof to DMV showing you no longer have any obligation and apply for a replacement title. Adding amounts and fees other than the original amounts disclosed prior to the completion of the deal sounds predatory . If this company is attempting to use scare tactics against a customer who they hold no documents on, I cannot imagine allowing them to hold a title. Their mismanagement and delays could mean liability on them if it’s causing you to be unable to sell or trade in a vehicle that the loan was paid off. Also re read your documents, if their holding facility stole items you might have a couple of people to sue. If a company breaches their agreement , sometimes it can void the entire agreement . Not saying this applies, but these are things I would be researching. Talk to your DMV regarding paid off loans and refusal to return your title.
Lifesaver
So far so good
And that was the least crazy
Rating
Very disappointing
I moved forward with the application after receiving a prequalification offer around $6,000 and hearing repeated statements that the approval was primarily based on the vehicle and did not involve credit checks. My vehicle is worth over $10,000, owned free and clear, in great condition, and all of the information I submitted was accurate from the beginning.
After completing the process, correcting a minor plate entry issue, and speaking with supervisors, the final offer was reduced to only $450 at nearly 30% APR while still requiring a lien on my vehicle title.
What made the experience worse was that no one could clearly explain why the amount changed so drastically. I was later told factors like “creditworthiness” and “ability to repay” were considered, which felt inconsistent with how the product was presented during the application process.
In my opinion, the prequalification process was very misleading compared to the final offer. I ultimately declined because putting a lien on a vehicle worth over $10,000 for a $450 line simply did not make sense for me.
Please Read before you download this app
Groundhogs day
Lying Theives
2 months later I still have no physical card or full loan amount.
Contact states “Upon payoff and request to close your account, we will release the lien and return your title.” I payed off, called to close, and was told, “It’ll take a week for your payoff to process and a confirmation email will be sent, after that, 3 weeks for us to do the paperwork to release the lien, then we will mail the title to DMV and you’ll get it back 5 weeks after they receive it. And any fees acquired will be charged to your account which you will be responsible for before receiving your title.” Then they immediately blocked my account so I don’t have access to it anymore.
