Can’t Get A Title To A Car That I Don’t Have Anymore And It’s Making My Qol Horrible

I bought a car on May 13th of this year as soon as I got back home from Navy. It being my first time financing and purchasing my own car by myself, I drove off without the title. Dude claimed he had to use the money I gave him to pay the car off then he’d send me the title.

Fast forward to July 28th, I hit a deer and totaled the car and have been without a car since. He has used excuse after excuse but hasn’t ghosted me. The Insurance lady has been ready to issue a total loss payout since October but can’t due to me not having a title. I’ve been paying 500 a month since I wrecked the car so I don’t fuck my credit up.

Recently about a month ago I went to Navy fed to get a loan for another car and was denied due to my debt to income ratio (loan for the other car). We text him about 1-2 times a week and usually get a response once a week but haven’t heard back since texting him again this Monday. He did tell us about 3 weeks ago that he had received a payoff letter from his finance company and the title should be here soon.

I’m not sure what I should do. I’m thinking of going to get approved for a cheap cash car even though I’ll have 2 car payments. Is there anything I can do legally right now? He claims I can’t sue or do small claims court but I’m not too sure.

Thanks.