Purchased vehicle private party, bank issued the check to a person not on the title
So my girlfriend found a vehicle she liked private party got approved from her credit union, and next day flew out to another state, and went to her credit union in that state to have a check issued to the seller in person. She didn't listen to anything I told her, I assumed the car was owned by a grandma, turns out it was a guy/girl couple (eastern Europeans) selling her the vehicle.
the car had no previous paperwork history of maintence.
No key fob just a key that was made probably from a locksmith
The car didn't go over 60mph.
They told her they would cover repairs and refund the difference ( I was absolutely livid as she was driving home telling me this) not only did she over pay for a 2013 VW with over 100k miles but the car had so many red flags.
She also failed to listen to me about making sure to verify the name on the title with the person selling her the vehicle. When she got home I immediately looked at the title and it was a real title. Signed by the title owner supposedly and left blank for her to sign.
I then told her immediately you are not going to get the money for the repairs this car is totally f***ed and these people scammed you and to contact the bank, cancel the check immediately, and have these scammers come pick back up their vehicle.
Bank issued a stop payment on the check the very next morning, and come to find out the bank issued the payment to the girl that was there and not the person on the title. Bank doesn't know how this happened, or whatever, but I am saying the bank should be accountable for this, as 5 days later that check cleared and the bank called to say unfortunately they cashed the check before the stop payment went into effect and it was too late.
The car broke down a day after, and after towing it to my mechanic, the wrong spark plugs were in the vehicle, causing damage to the pistons, the timing was off, and it needs a new crank shaft. So essentially a full engine rebuild.
My girlfriend is now paying 5k for a car loan, 5k to rebuild the engine including parts for a car worth 5k in perfect condition at best. I don't see how she is responsible for this car, she messed up by trusting these scammers, bank messed up getting scammed by them somehow writing the check to the wrong person. I don't even understand how this happens.
The individuals blocked her on fb she never even got a bill a sale. As far as I know this car is stolen and now she's paying to fix it because she has no choice.
I believe the only recourse is the bank issuing the check to the wrong person. However she has never spoken or knows who the person is on the title.
Advice please 🙏