Not sure what is intended by "clear" but whether or not the vehicle can be seized depends upon a couple of issues. The most important one being how the vehicle is titled.
If the names on the title are separated by the word "or" then each person has total ownership of the vehicle and may take whatever action they choose without the other owner being a part of it. That would mean the vehicle could be subject to seizure by a judgment creditor. If the names are separted by the word "and" the vehicle is owned jointly and no action including creditor judgment can be taken without the consent of the other owner.
The other issue is whether or not the vehicle is protected by the exemption laws in the state where it is registered.
Yup!
If the title is not free and clear, then the title cannot be transferred to a new owner and it cannot be sold. If the creditor has written it off and it is no longer in dispute, then it can be sold. You can sell it as scrap metal to a junk yard without a title, I believe.
If you're not on the title you have no claim to the car. You would need to sue the owner in court and win a judgment in your favor.If you're not on the title you have no claim to the car. You would need to sue the owner in court and win a judgment in your favor.If you're not on the title you have no claim to the car. You would need to sue the owner in court and win a judgment in your favor.If you're not on the title you have no claim to the car. You would need to sue the owner in court and win a judgment in your favor.
If you are on the title as sole owner, you are owner/ unless you share with creditor. a bill of sale is required in most states but a gift is a gift.
In order to trade in a car you must be the only owner listed on the certificate of title. If a creditor is listed on the title that creditor must be paid off from the proceeds from selling the car or from the new loan.
A letter from the collection company or creditor who reported it or a lien release form if the judgment was placed in lien against property.
This depends on state law regarding lienholders, not bankruptcy law. Debts can be transferred (sold) to other creditors, but usually the title has to be endorsed to the new creditor and you have to get notice of the transfer. A creditor can seize a truck under a court order to satisfy a judgment, whether it is on the title or not. It is not a repo, however.
The buyer.
If you can't find the previous owner to execute a corrective and confirmatory deed then you must bring a Quiet Title action in a court of equity and obtain a judgment. Only a court order can clear the title. You should check to see if you paid for a certification of title or an owner's title insurance policy when you purchased the property. If you paid for professional representation at the time of your purchase perhaps they are responsible for clearing the title. Title coverage that insures over the defect is not a cure. It's a band-aid.
A clear title indicates that no other person or other entity has any claim on the property or interest in the property and you are the absolute owner.
Obviously, you have to clear all liens on the title before the new "owner" can take title (and give you the credit). The lienholder/judgemetn holder would be happy to have it paid off. If the deal your doing doesn't provide for this...well that's why lenders/debtors get secured to the property!
A sheriff's sale indicates that a creditor won a court judgment and acquired the legal right to sell the property to satisfy the judgment. A lender wants the property to be free and clear of other liens before taking title by a deed in lieu of a mortgage foreclosure. An answer would require more details about the debt underlying the sheriff's sale.