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TOYOTA MOTOR CREDIT v. C.L. HYMAN AUTO

Record No. 972212.

506 S.E.2d 14 (1998)

TOYOTA MOTOR CREDIT CORPORATION v. C.L. HYMAN AUTO WHOLESALE, INC.

Supreme Court of Virginia.

September 18, 1998.

Attorney(s) appearing for the Case

Ernest C. Vaughan, Jr. (Bonnie M. Ashley; Randolph, Boyd, Cherry & Vaughan, on briefs), Richmond, for appellant.

Kirk D. McQuiddy (Morris & Morris, on brief), Richmond, for appellee.

Present: All the Justices.

LACY, Justice.

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...

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