Can a creditor repossess a car without a registered lien or validate title?

Answer 1

GEORGIA: Simple answer is YES. Does that mean legally? Not necessarily. I just came into this predicament 4 days ago. When I tried to file a stolen vehicle report, the 911 dispatcher told me the vehicle was repo'd and I needed to contact my lien holder. I DONT HAVE A LIEN HOLDER. PAID off Oct 2008; it's Feb 2009. The only thing Law Enforcement tells me is to "take it up with my lien holder" even after I show them the Title in MY name ONLY and ZERO lien holders. I showed them the certificate the lien holder sent me which was STAMP, SIGNED, DATED by the lien holder under RELEASE OF LIEN. A few other documents too but all I ever got from the Police Dept was "take it up with your lien holder." Anyways, the Lien Holder will NOT answer my phone calls or call me back. 3 days after starting my vacation coming home from Iraq and my vehicle is repo'd. From Oct 2008 until now Feb 2009, NEVER was any sort of notice sent to my house. My credit report even says PAID SATISFACTORILY Oct 2008. Since NO ONE is willing to help me at the lowest level, I have been forced to take this to an attorney. We shall see how this goes. This could have all been resolved the morning they repo'd my car. One more thing, the Police Dept states this is a CIVIL matter not a CRIMINAL matter. That is why they will not get involved and that is why they just say "take it up with your lien holder." So I asked the Officer, "So if you sir paid off your car today. 5 years down the road, the lien holder who released the vehicle to you 5 years ago and has had no affiliation with you for the past 5 years, can just "repossession" YOUR vehicle which has belonged to them for 5 years? How is that NOT a criminal matter?" The officer just kind of looked at me.

Did you apply for the title yourself? If so, the DMV would have told you when you applied that there was a lien. 96% chance your title is good. If you're still in doubt, go to the DMV and asl them to check it. Sounds like the guy that gave it to you might be wanting it back for whatever reason.

You're NOT gonna like my answer. You know if you've paid for the car or not. If you have not paid the dealer for the car, GO BACK and straighten it out. DO whats right. Do you need an attorney?? You would need two attorneys if I was the dealer... make the right decision.

My father sold a car to this man one time and the man said that he needed the tile for something so he signed the title over with money still owed on the car. The man refused to pay the money he owed, my dad hired a lawyer and took the man to court, the judge dismissed the case and said that there was nothing that could be done because the tile was in taht man's name and their was no lien on it. The judge said that it was jsut my fathers word against his on whether or not money was paid.

If a title is in your possession and it has NO liens on it, then the car is lawfully yours. you can go to the DMV and have it transferred to your name. it's not your fault the dealer gave you a title without protecting themselves by indicating that there was a lien on the car. all you have to do is take the title and the applicable fees to the DMV and have it switched over to your name. A judge cannot determine one way or the other if the car was paid for in full...the company could be lying about the payments received, and so could you. looks like you got yourself a car.

Obviously one of the more thought provoking Qs: If the title your addressing is in your name, without any liens, then no --- nobody can reposses it.

If it is someone elses name and they have only given you possession, (which is what happens in contracts for sale, which is what "we tote your note" place use), then they can repossess it.

And let me add....as an asset, if another creditor has been given the right to seize your assets, they too could take it. And especially if it doesn't have any other liens, may actually do so. (This would not actually be a repossession as much as a seizure...like if they seized your bank account).

Answer 2

Technically, no. The lien must be perfected, that is the security interest must be recorded with the state DMV. It is rather common that this does not occur, and several things can happen. To avoid the worst:

First, contact the DMV and get a copy of the clear title.

Next, contact the lender and notify them that they have wrongfully repossessed your vehicle. Demand it's immediate return. Contact the repossession company as well and notify them of this.

Finally, and quickly, once you receive your vehicle back, pay the past due balance and the outstanding balance if possible, as quickly as possible.

Failing to do this all quickly will give the lender time to perfect the lien, and your car will be lost. At minimum, you will be at the mercy of the lender again.

Answer 3

If the creditor is the loan holder of the vehicle a lien is already in place. The title will show the loan provider as the primary lien holder. That insures the vehicle as collateral and if default occurs the lien holder can repossess the vehicle without going to court. Except in the few states that require the creditor to obtain a replevin order before seizing the vehicle.