just went to have a talk with the dealer about tranny faliure. he says sometimes when changing out an engine things move and a problem you never noticed pops up. i asked him to pull my service records to look at 60k service, 3 yrs ago. shows they did maintenance on transfer cases and differentials but nothing to tranny. i remember asking them about that and being told not neccesary. he also said typically they do not touch the tranny until at least 90k miles, no fluid no filter no nothing.
i guess it really doesn't matter, its out of warranty anyhow,and won't drive without transmission. i did not scream or yell and maybe it will pay off. i'm also getting new brake discs and brake pads and new wipper arms. lol i think i'm gonna get a free detail job out of it.