Sellers with same name cause car buying mixup

Kelly Holleran Jun. 1, 2010, 7:41am

A case of mistaken identity caused a bank to transfer the title of the wrong vehicle to a buyer, according to a recent lawsuit.

MobilOil Federal Credit Union filed a lawsuit May 19 in Jefferson County District Court against Justin Payne and the Department of Motor Vehicles of the State of Texas.

MobilOil FCU claims one of its members, China resident Justin Payne, sold a 2005 Ford F150 pickup truck to Kevin Keenon, who lives in Winnie, at some point this year. Meanwhile MobilOil FCU had a lien on the truck, according to the complaint.

The credit union also had a lien on a 2005 Ford Focus owned by a different Justin Payne.

To allow Kevin Keenon to purchase the Ford F150, Texas Coastal Community Federal Credit Union made a purchase money loan, the suit states. However, MobilOil mistakenly signed the title of the Ford Focus instead of the Ford F150 to Texas Coastal Community FCU and to Kevin Kennon, the complaint says.

Upon realizing its mistake, MobilOil FCU claims it attempted to request that Justin Payne remove from the records and title history the mistaken transfer of his vehicle and the mistaken lien in favor of TCCFCU to reinstate the lien as to the Focus and to reinstate the record ownership as to the Focus. But Justin Payne refuses to cooperate with Mobiloil's requests, according to the complaint.

Mobiloil names DMV as a defendant so it can make any required changes, the suit states.

In addition to the carrying-out of the requests it asked Justin Payne to perform, MobilOil FCU wants the court to award it attorney's fees, post-judgment interest, costs and other relief to which it may be entitled.

Robert B. Dunham of Sheldon and Dunham in Beaumont will be representing it.

The case has been assigned to Judge Donald Floyd, 172nd District Court.

Jefferson County District Court case number: E186-907.

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