Consumer complaint received 2025-01-21 00:00:00
Product: Vehicle loan or lease — Loan
Issue: Problems at the end of the loan or lease — Unable to receive car title or other problem after the loan is paid off
Company: NISSAN MOTOR ACCEPTANCE COMPANY LLC
State: DE

Complaint narrative:
PROOF OF POSSESSION LETTER Date : XX/XX/XXXX From : XXXX : XXXX. XXXX XXXX XXXX XXXXXXXX XXXX XXXX XXXX XXXX XXXXXXXX To : Third attempt XXXX XXXX XXXX XXXX XXXX : XXXX Department XXXX XXXX XXXX XXXXXXXX XXXX XXXXXXXX Re : Request for Proof of Possession for Promissory Note Loan Account No. [ XXXXXXXX XXXX XXXX XXXX XXXXXXXX ________________________________________ Dear XXXX XXXX XXXX. XXXX, XXXX XXXX XXXX XXXX This letter serves as a formal request for Proof of Possession regarding the original promissory note associated with Loan Account No. XXXX, executed on XX/XX/XXXX. I am exercising my right to verify the possession and enforceability of the note in light of applicable federal and state laws governing negotiable instruments, specifically under the Uniform Commercial Code ( UCC ) and relevant case law.

1. Request for Original Promissory Note Pursuant to UCC 3-301, only the holder of the original note has the legal authority to enforce its terms. Therefore, I am requesting that you provide physical proof of possession of the original promissory note. Please include documentation that establishes a clear chain of custody if the note has been transferred, sold, or otherwise altered.

If the original note has been destroyed, lost, or converted into a security, please disclose the date and details of such actions.

2. Verification of Securitization or Transfer As part of this request, I am seeking confirmation on whether the promissory note has been securitized, sold, or transferred to a third-party entity. As established in Booth v. Smith, 3 Woods 19 ( C.C. La. 1876 ), a lender may lose the right to enforce a note if the original has been voluntarily destroyed or altered in any way that nullifies its negotiable instrument status. Securitization typically results in the bifurcation of the note from the loan, which affects enforceability under UCC and related case law.

If the note has been securitized and is no longer in its original form, please confirm this status and provide all related documentation, including the details of any entities to whom the note was sold or transferred.

3. Demand for Compliance with UCC 3-604 Under UCC 3-604 , an obligation represented by a negotiable instrument may be discharged if the instrument has been voluntarily destroyed, canceled, or rendered unenforceable. If you can not produce the original note due to destruction or securitization, I request that the obligation associated with Loan Account XXXX. XXXX be XXXX in full in compliance with UCC 3-604.

4. Right to Lawful Money Redemption As part of my rights under 12 U.S.C. 411, I have exercised my right to redeem this debt in lawful money, free from any private credit obligations. Please confirm that any payments received under this loan agreement are processed in lawful money.

If the original note can not be produced, it is my understanding that any attempts to enforce this debt may be legally invalid, and the debt obligation associated with this account should be considered fully satisfied and discharged.

5. Request for Timely Response I request that you provide written confirmation and documentation supporting the possession, enforceability, and status of the original promissory note within 15 days of receipt of this letter. Failure to provide adequate proof of possession will lead to further legal action to enforce my rights under federal law and applicable state statutes.

________________________________________ Sincerely, ________________________________________ XXXX : XXXX. XXXX XXXX : XXXX, XXXX XXXX and XXXX XXXX

Company response to consumer: Closed with explanation