DAUGHTER WAS SOLD CAR WITH LIEN STILL ON TlTLE, WHO IS LEGALLY RESPONSIBLE??
Question: My daughter was home on leave this past spring and bought a used car from a private indivudual. He signed over the title, and she went to the DMV to register it. She then returned to Virginia with the car, and I was going to forward the title to her when it came in the mail in her name. She had been back to VA about a month when she found a stick shift car (same make, but less expensive), and the dealer traded cars, and just gave trust that she would give him the title when it came in the mail. We never got it, because there is a lien still on it.. The individual she bought the car from is going bankrupt, so now she cannot get the title at all. She did nothing wrong on her part. Is the dealer responsible to deal with the lien holder, or previous owner? Wouldn't the DMV have been able to tell if it was a clear title or not? Who's to blame here, and what could be the outcome of this whole situation? She is only 19, and 1st time doing anything financially on her own.
Answers: If there is a lien on the car, the bank or lien holder still has claim to the vehicle, no matter where or who she purchased the vehicle from
who ever has the lien has to be paid to whatever money is owed there my be nothing owed on this car if its a bank contact them an a release will be sent
I would contact the Atty General in your state immediately. Sounds like a case of fraud to me. Also, may want to contact lawyer and start legal action against the dealer for fraud. While the banks collerateral n the loan is the car, your daughter was not the one who applied for the loan nor did she sign the documents for the loan. Complicated situation. I wouldreally contact the state Atty General ASAP..before the dealer goes underground and disappears.
the way i see it if she went to the DVM with the title then she should get it back in her name unless he was all ready bankrupt she may have to go to a Small clams Court?
The lien holder is gona want the car--- it is not paid for. The seller knew their was a lien. He did not take the money you gave him to apy off the car. Go to his house and tell him that you want your money back...tomorrow in cash... If he refuses cll the police and get charges to put him away. In the mean time you need to return the car to the lien holder or they will get upset... Sorry this had to happen to you. You can call the police first if you like...
This cannot be the whole story.
If there is a lien on the car, then the title is in the possession of the place that has the loan on it. The person who sold the car would not have been able to sign the title over to your daughter, because he would hont have had the title in his possession to sign it over.
I remember when I had loan on my car, I had to pass the title to the bank. Then when paid off, they returned the title to me.
So when the title was signed over to your daughter, it was in the possession of the prior owner, so there could not have been a lien on it. Sounds to me like the DMV records not up-to-date.
When I go to the DMV (in Indiana), they call up on their computer all the info about me and about my car. If I have an unpaid ticket, they know. If there's some problem with the car, they know. Whatever paperwork is needed, they issue it right then and there.
I have trouble believing the VA DMV is not up to the standards of Indiana's, which are pretty low (there was recently a hacker incident where credit card info on DMV customers got passed to the world of identity thieves).
I go into Indiana DMV with paperwork, and I walk out with paperwork, everything free and clear, no need to have anything mailed.
Something very wrong with the story.
Driving a car, without having replacement title in possession ... the car is the property of the old owner, or the lienholder, and your daughter is like in possession of a stolen car ... the guy going bankrupt having stolen it from the bank.
Then she sells it to the dealer, before she has title of ownership in her possession. That is a huge no no.
most likely going to be your daughter, in most states it is illegal to sale morgaged property, without the original lien holder approving. it can carry serious prison time. your daughter needs to contact a law enforcement agency from to city, town, state where ahe bought the car
Answers: If there is a lien on the car, the bank or lien holder still has claim to the vehicle, no matter where or who she purchased the vehicle from
who ever has the lien has to be paid to whatever money is owed there my be nothing owed on this car if its a bank contact them an a release will be sent
I would contact the Atty General in your state immediately. Sounds like a case of fraud to me. Also, may want to contact lawyer and start legal action against the dealer for fraud. While the banks collerateral n the loan is the car, your daughter was not the one who applied for the loan nor did she sign the documents for the loan. Complicated situation. I wouldreally contact the state Atty General ASAP..before the dealer goes underground and disappears.
the way i see it if she went to the DVM with the title then she should get it back in her name unless he was all ready bankrupt she may have to go to a Small clams Court?
The lien holder is gona want the car--- it is not paid for. The seller knew their was a lien. He did not take the money you gave him to apy off the car. Go to his house and tell him that you want your money back...tomorrow in cash... If he refuses cll the police and get charges to put him away. In the mean time you need to return the car to the lien holder or they will get upset... Sorry this had to happen to you. You can call the police first if you like...
This cannot be the whole story.
If there is a lien on the car, then the title is in the possession of the place that has the loan on it. The person who sold the car would not have been able to sign the title over to your daughter, because he would hont have had the title in his possession to sign it over.
I remember when I had loan on my car, I had to pass the title to the bank. Then when paid off, they returned the title to me.
So when the title was signed over to your daughter, it was in the possession of the prior owner, so there could not have been a lien on it. Sounds to me like the DMV records not up-to-date.
When I go to the DMV (in Indiana), they call up on their computer all the info about me and about my car. If I have an unpaid ticket, they know. If there's some problem with the car, they know. Whatever paperwork is needed, they issue it right then and there.
I have trouble believing the VA DMV is not up to the standards of Indiana's, which are pretty low (there was recently a hacker incident where credit card info on DMV customers got passed to the world of identity thieves).
I go into Indiana DMV with paperwork, and I walk out with paperwork, everything free and clear, no need to have anything mailed.
Something very wrong with the story.
Driving a car, without having replacement title in possession ... the car is the property of the old owner, or the lienholder, and your daughter is like in possession of a stolen car ... the guy going bankrupt having stolen it from the bank.
Then she sells it to the dealer, before she has title of ownership in her possession. That is a huge no no.
most likely going to be your daughter, in most states it is illegal to sale morgaged property, without the original lien holder approving. it can carry serious prison time. your daughter needs to contact a law enforcement agency from to city, town, state where ahe bought the car
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