Consumer complaint received 2024-01-07
Company: HYUNDAI CAPITAL AMERICA
State: FL
Product: Vehicle loan or lease
Sub-product: Loan
Issue: Problems at the end of the loan or lease
Sub-issue: Unable to receive car title or other problem after the loan is paid off

Complaint:
Please be advised that I purchased a vehicle with Hyundai Capital American and executed a retail installment contract on XX/XX/XXXX. As I am reading your current Prospectus, I see that all of the retail installment contracts received from Hyundai Capital American are transferred to your Hyundai XXXX XXXX, XXXX account for the benefit of the Hyundai Auto XXXX  Trust and is being sold to investors through the secondary market as stated your Prospectus copied as follows : Security Interests in the Financed Vehicles Obtaining Security Interests in Financed Vehicles. In all states in which the XXXX  have been originated, retail installment sale contracts such as the XXXX  evidence the credit sale or refinancing of automobiles, light-duty trucks and/or other types of motor vehicles. The XXXX  also constitute personal property security agreements and include grants of security interests in the vehicles under the applicable XXXX. The XXXX  are tangible chattel paper or electronic chattel paper, in each case as defined in the XXXX. 

Perfection of security interests in the vehicles is generally governed by the motor vehicle certificate of title laws of the state in which the vehicle is located. In most states, a security interest in an automobile, a light-duty truck and/or another type of motor vehicle is perfected by the notation of the secured partys lien on the vehicles certificate of title. In most cases, the certificate of title exists in physical form and will be held by the servicer. In certain other states, certificates of title and the notation of the related lien may be maintained in the electronic records of the applicable Department of Motor Vehicles or the analogous state office. As a result, any reference to a certificate of title in this prospectus includes certificates of title maintained in physical form and electronic form which may also be held by third-party servicers. HCA will warrant to the depositor that the originating vehicle dealer has taken all steps necessary to obtain a perfected first priority security interest with respect to all financed vehicles securing the XXXX  and that the security interest has been assigned to the issuing entity or that all steps will be taken to obtain such security interest and other such assignments. If, because of clerical errors or otherwise, the notation of the security interest on the certificate of title relating to a financed vehicle is not effected or maintained, the issuing entity may not have a first priority security interest in that financed vehicle. 

If the originating vehicle dealer did not take the steps necessary to cause its security interest to be noted on the certificate of title for a financed vehicle until after 30 days after the date such security interest was created and the related obligor was insolvent on the date such steps were taken, the perfection of such security interest may be avoided as a preferential transfer under bankruptcy law if the obligor under the related XXXX becomes the subject of a bankruptcy proceeding commenced within 90 days of the date of such perfection, in which case HCA, and subsequently, the depositor, the issuing entity and the indenture trustee would be treated as an unsecured creditor of such obligor. 

Perfection of Security Interests in Financed Vehicles. HCA will sell the XXXX  and assign its security interest in each financed vehicle to the depositor. The depositor will sell the XXXX  and assign the security interest in each financed vehicle to the issuing entity. However, because of the administrative burden and expense of retitling, the servicer, the depositor and the issuing entity, except where applicable law requires, will not amend any certificate of title to identify the issuing entity as the new secured party on the certificates of title relating to the financed vehicles. Accordingly, XXXX will continue to be named as the secured party on the certificates of title relating to the financed vehicles. Under the XXXX, assignments such as those under the XXXX  purchase agreement or sale and servicing agreement are an effective conveyance of the security interests in the financed vehicles without amendment of the XXXX noted on the related certificate of title, and the new secured party succeeds to the assignors rights as the secured party. However, there exists a risk in not identifying the issuing entity as the new secured party on the certificate of title that, through fraud or negligence, the security interest of the issuing entity could be released, another person XXXX acquire ownership of the motor vehicle free of the security interest of the depositor, the issuing entity and the indenture trustee, or another person could obtain a security interest in the applicable vehicle that is higher in priority than the interest of the issuing entity. 
I see that when I provided my application and my retail installment contract with your company, I gave you a security interest which is an obligation of the United States which makes my security interest cash. I see that as a note holder, I have not received an valuable consideration in exchange for my asset backed XXXX  and chattel paper, as well as, my executed retail installment contract in which Hyundai Capital of America converted into a paper-based securities or certificate of indebtedness and being sold to investors for capital raising efforts which is minuscule consideration effectively masking my lien as a gift in this contract. According to your Prospectus on file with the SEC, all applications submitted through Hyundai Capital of America, its underwriters and its affiliates are being offered as a part of your global capital raising efforts offered in your Prospectus. Since your Prospectus is being presented to investors in exchange for capital contributions this is very deceptive and misleading to consumers like myself who executed a retail install contract with Hyundai Capital of America and none of this information was disclosed to me. This gives me beneficiary status as noteholder of Hyundai XXXX XXXX, XXXX. 

Additionally, I provided to your financial institution my personal identifying information in accordance with the Patriot Act under Title 12 in good faith and expecting full disclosure of how my information and personal assets would be fully utilized. I did not receive any disclosures that indicated my vehicle and/or my contract would be securitized and sold for an unlimited value through the SEC. Hyundai Capital America is selling and trading my personal information pursuant to the Hyundai Capital America XXXX, XXXX, Prospectus and Indenture Trust Agreements which are all on file with the SEC. Hyundai Capital America and its dealerships, agents and assigns are directly violating my personal privacy and numerous other violations of the SEC, HIPAA, FCRA, FINRA, FTC, CFPB and the Inspector General in accordance with the laws that govern consumer protections according to the Privacy Act of 1974, the Dodd-Frank Act, Deceptive Practices Act and numerous consumer violations against me that I will detail in this letter. 

It is a violation of Rule 200 under the Securities Exchange Act 17 CFR 200 to deny me disclosures as it relates to my credit transaction, my asset backed collateral and personal information as an investor and note holder with the Hyundai XXXX  XXXX XXXX XXXX pursuant to your Prospectus and the Privacy Act of 1974 as well as the Patriot Act under Title 12 of the Banking Act. Moreover, under Rule 14a-12, filed under the Securities and Exchange Act 17 CFR 201.31, Hyundai Capital America agrees to be ethically bound to not commit language fraud even in the application solicitations as stated in your Form XXXX By providing proper disclosures to all noteholders, Hyundai Capital America ensures that pursuant to the Securities Exchange Act of 1934, to be ethically bound to the language and performance of all of Hyundai Capital America public offerings , filings and commitments made to noteholders. 

Additionally, per your XXXX annual filing, under the ITEM 7. Managements discussion and analysis of financial condition and results of operation ( XXXX XXXX XXXX  ), your retail installment contract XXXX  and consumer products are at the top of your highest grossing tier of revenue for Hyundai Capital American XXXX  which means that any investment that includes my asset backed security and promissory note is a part of your highest grossing revenue. This would mean that a credit application and my vehicle title which is a promissory note that has a CUSIP number is an extremely valuable asset for Hyundai Capital America. 

I provided Hyundai Capital of America my personal identifying information through the dealership not aware that my information would be forwarded to third parties as asset backed collateral of Hyundai Capital of America which is denotes me as investor in the Hyundai XXXX XXXX XXXX according to the PURCHASE AGREEMENT BETWEEN HYUNDAI CAPITAL AMERICA AND HYUNDAI XXXX XXXX XXXX WITH XXXX, XXXX  AS THE INDENTURE ( Indenture ). The purchase agreement states that all securities derived from the consumer investor in the asset backed collateral is being offered as securities and sold to investors as a part of multi-denomination global securities as defined in Section 2.4 Registered Securities ; Form ; Denominations ; Depositary are converted to floating rate notes and floating rate interest payments that is due and payable to the consumer but instead is generating huge investment capital for Hyundai Capital America and I am entitled to receive the dividend interest that belongs to me that is attached to it as an investor and have my past FRNs returned as well as having all encumbrances removed from my collateral. Most importantly, The Indenture states that Hyundai XXXX XXXX XXXX provides a monetary relationship under Section 13.10 Derivative Counterparty, Supplemental Credit Enhancement Provider and Supplemental Liquidity Provider as Third-Party Beneficiary which means that Hyundai XXXX XXXXXXXX, XXXX is choosing to purchase third-party data furnishers as a means of denying consumer credit which is an egregious act of securities fraud and consumer rights violations. 

In light of the information provided above, any accounts that I had with Hyundai Capital America that may be allocated as a credit loss per your XXXX, charged off as a loss with the IRS after benefiting from the original issue discount that your company received on my behalf, after receiving unlimited dividend interest as a result of Hyundai Capital America being the beneficiary of any dividend interest of any my account, let all documents containing my wet-ink signature in your possession serve as my proof of claim. Any past applications in the form of promissory notes that are still trading under my personal identifying information and any of lines of credit that I have previously held have been securitized and profited from by Hyundai Capital America according to your XXXX filing with those losses being accommodated for through your IRS filings XXXX Therefore, to attach collateral interest and continuing to take payments from me is a violation of your Prospectus on file with the SEC, as well as intentional misstatements and omissions in of your XXXX, and most importantly, an egregious violation of fraud against the Securities and Exchange Act of 1934, as filed in your XXXX, XXXX, Prospectus and Indenture Agreements.

Company public response: Company has responded to the consumer and the CFPB and chooses not to provide a public response
Company response to consumer: Closed with explanation