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If you gave your son a vehicle and put yourself as a lienholder on the title can you legally repossess it?

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2015-07-15 19:15:48
2015-07-15 19:15:48

Do you have a contract or agreement that says he will repay you? Has he breached that agreement and is he in DEFAULT of it by not paying? If so, yes.

(General rule for the future: Have your child sign a contract for any money you "give" him, like any lender would do.)

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Related Questions


That is the only way you can repossess a vehicle. Repossession comes under the UCC which grants a lienholder the right to repossess but only if they have perfected their lien by filing it on the title. One caveate is in most states the lienholder can not repossess a vehicle that is under a mechanic's lien without first paying that lien.

As long as there is a lien on the vehicle the lienholder has the right to repossess the property

No, not if the contract is in default. The lender/lienholder may repossess the vehicle under UCC laws as long as it can be accomplished without a breach of peace committed

No. The lienholder is the rightful owner of the vehicle, and can reclaim their property as needed.

Yes. The lienholder is the rightful, legal owner of the vehicle, and can take possession of that vehicle anywhere.

The same way a loan company does, HIRE a REAL repo agency to do the job.

Yes. A lienholder is the lawful and sole owner of that vehicle, and it doesn't matter where they repossess it from, so long as they do it in accordance with state laws for repossession.

yes, you are in a legally binging contract if you are both over 18 years of age and are therefore able to repossess the car.

If you don't have a "contract", you aren't a leinholder. A lienholder must have a contract and have filed the notice with the county recorders office and the title must state you as the leinholder. If the person is named on a title as a lien holder he or she has the legal option of repossessing the vehicle as it is determined by the laws of the state where the vehicle is registered.

The lienholder has no liability for any damage done by the buyers vehicle.

Yes, you made a financial pbligation by signing the documents for the sale of this car. So, they can legally repossess that vehicle.

They don't require a court order to repossess a vehicle... the only way a court order would be required is if the court had ordered you to give up your vehicle as collateral if you found yourself on the losing end of a lawsuit or something to that effect. A vehicle which is paid off cannot be repossessed, because the lienholder - who is the lawful owner of that vehicle while they hold the title - is reclaiming their own property after a lessee fails to meet the conditions of their contract.

As long as the loan is valid, the car is collateral. They are able to repossess the vehicle.

Legally, only one. But your contract will tell you more.

The lienholder has an option to repossess when you become deficient on your payments for as long as you owe money on that vehicle. If you skip your last payment, that car can be repossessed.

If the terms and agreements of the sale is not met legally yes they can if they have retained their legal title to the vehicle

Not legally, but if you bought the car from Barney's backyard sales & mower repair, maybe.

Yes. If the lien is valid, a written contract is not necessary and the holder can legally repossess the vehicle in conjunction with the existing laws of the state in which the vehicle is located or in some cases where it was sold.

You can only legally register a vehicle in the state in which you reside. If, for instance, you move to another state, as long as the lienholder knows where the vehicle is going to be located there is no problem. HOWEVER - if you intend to take the vehicle to another state in order to conceal its location from the lienholder then you are committing an unlawful act and attempting to deprive the lienholder of their rightful property. You can be charged with auto theft ESPECIALLY if you cross a state line in order to do it.

A cosigner or coowner cannot repossess a vehicle. That is something the leinholder does.

Returning the vehicle will not relieve you of the responsibility for the debt. Typically your lienholder will sell the vehicle and charge you for the deficiency balance. However, if you cannot pay for the car the lienholder will repossess it and follow the same procedure. Also, unless the dealer provided "in house" financing they probably have no further interest in the vehicle. You are now obligated to pay the bank or finance company. In this case the dealer may not allow you to return it to the lot.

LEGALLY, you can't repossess anything from the owner. Once that person signed the title, its half theirs. you will have to take him/her to court with probable cause, or convince them to sign away ownership. Good luck


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