Legal Opinion

Toyota Motor Credit Corp. v. C.L. Hyman Auto Wholesale, Inc.

Supreme Court of Virginia

Decided September 18, 1998No. Record 972212PublishedCited by 11 opinions

1Opinion of the CourtJustice Lacy

In this appeal, we determine whether a lienholder whose lien was omitted from a duplicate certificate of title of an automobile because of the fraud of the owner can enforce that lien against a subsequent bona fide purchaser of the automobile.

The facts are not in dispute. In February 1996, Traci Bowden purchased a Toyota vehicle pursuant to a retail installment contract. The contract was assigned to Toyota Motor Credit Corporation (TMCC) for value. TMCC’s security interest was noted on the certificate of title issued by the Virginia Department of Motor Vehicles (DMV). TMCC retained possession…

2Cases cited6 opinions

  1. Bain v. CommonwealthSupreme Court of Virginia · 1974
  2. Maryland Credit Finance Corp. v. Franklin Credit Finance Corp.Supreme Court of Virginia · 1935
  3. First National Bank v. JohnsonSupreme Court of Virginia · 1944
  4. Rudolph v. Farmers' Supply Co.Supreme Court of Virginia · 1921
  5. Oberdorfer v. MeyerSupreme Court of Virginia · 1891

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3Cited by11 opinions

  1. Bank of New York v. Leake (In Re Wuerzberger)United States Bankruptcy Court, W.D. Virginia · 2002
  2. Huennekens v. Abruzzese (In Re Abruzzese)United States Bankruptcy Court, E.D. Virginia · 1999
  3. Aca Fin. Guaranty Corp. v. City of Buena VistaDistrict Court, W.D. Virginia · 2018
  4. United States v. Baltimore Museum of ArtDistrict Court, E.D. Virginia · 2014
  5. Volvo Commercial Finance LLC the Americas v. McClellanCourt of Civil Appeals of Oklahoma · 2002

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