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View Full Version : What if a car company creates and submits false credit application to lender?


golfer50
Sep 17, 2011, 09:27 AM
My wife and myself went to a Mazda dealer in Las Vegas in Nov 2007 to purchase our leased Tribute. I was behind on a couple of house payments at the time, but we thought we should try to purchase the car instead of a lease as we knew my credit was going to get worse. I filled out the credit application to purchase and was denied because of the late payments. My wife who was not on the house note and still had perfect credit at the time. The dealership had her sign just the bottom of the credit application and give them her #ssn. They approved a new lease for her and would take our other car and pay it off. My wife had no job or any income at the time. We asked how they could do this? We were told that they would use a total family income. Fast forward 3 years, 2 payments left on the lease and we moved to Tucson for a new job in 2009. Dec 2010 we go to the local Mazda dealer to what we thought were our rights to purchase the car and filled out a joint application. I made all the 34 payments as my wife still was not working. We were advised by Mazda financial that we could not purchase the car if I was on the application and that only the person who is on the lease has the right to buy the car at the end. We requested a copy of the credit application as when I called Mazda told them I had to be on the application somewhere as I was the only one with the income. Anyway we were denied and asked to turn the vehicle in. We did but I did not make the last two payments. My thought was if my money is not good enough to buy it it is not good enough to make the payments as they sent me a letter stating I was not involved. We live in a community propety state and mow we are being sued by Mazda for $1400.00 by an attorney. We received a copy of the credit application and it all made sense now. They took my credit application and transferred my job, my income, my bank accont and gave it to my wife. So the first question I have is a lease agreement legally binding when fraud was committed on behalf of the dealership. I have been advised by the attorney for plaintiff that I need to look at the word "you". I argue the work you is me. My info was used and I madethe 34/36 payents. Next I'm being included in the lawsuit as they know I have the only income claiming this is a community property state and that I'm equally responsible under the law. I argue that I was told in a letter from plaintiff I'm not involved, but we were not protected under the same law to purchase as a married couple. I'm representing myself on this one. Any ideas or help. I already filed an answer and are moving into discovery. William

joypulv
Sep 17, 2011, 09:50 AM
Please clarify: you didn't keep a copy of the original app? And when you did get a copy years later you are saying it's different than the blank one your wife signed; that the dealer added your work info from the app that was denied to you yourself, after you both left?

ScottGem
Sep 17, 2011, 10:38 AM
I would recommend you pay the bill. As I understand it your wife contracted to lease the car. Whether they would not allow you to purchase doesn't change that. Whether the leasing company falsified the application is a matter between the leasing company and lender. It doesn't change that you received and used the car. Plus if you wife's signature is on the document you will have a hard time proving she signed a blank one.

While you might get yourself removed from the suit, your wife will still be held responsible.