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Repossession

Seizure of property bought on credit for which loan payments are not being received. Please note that when asking a car repossession question, it is often useful to include the state that you live in. This will enable people to give you better answers.

11,694 Questions

How hard is it to get registration and title for a repo car in CA?

As long as you have the repo title and the "Certificate of Repossession" (DMV form# REG 119 side A) then it is fairly easy. When a vehicle has been repo'd by the lien holder they must fill out a DMV form REG 119 and attach it to a properly signed off title. Now in addition to the title and REG 119 you will need to have a passing somg cert (applies to vehicles four or less model years old) bill of sale between seller and buyer, and all outstanding fees for the vehicle will have to be paid. So to clarify what is needed to transfer a repo title in CA:

1. Properly signed off title

2. DMV REG 119 form

3. Bill of sale(s) (if transferred more then once may have multiple bill of sales

)

4. Passing Smog Cert. (applies to vehicles four or less model years old)(meaning in 2011 vehicle years 2008-2011 no smog due & in 2012 vehicle years 2009-2012 no smog due)

5. Pay Fees Due- a) transfer fee $15.00 b) repo fee $18.00 c) taxes (will be based on purchase price of vehicle) d) $19.00 plates e) Renewal Fees if expired or within 30 days of the expiration date. ( if vehicle is expired and the fees are paid within 60 days of the purchase of the vehicle penalties will be waived but in order to avoid any transfer or tax penalty fees need to be paid within 30 days of sale. If surrendering an out of state title post fees within 20 days.)

Vehicle Registration Wizards @ www.vehicleregwizards.com

Does mechanic's lien supersede other lienholder?

I am an Ohio lawyer, so my answer is from the perspective of Ohio laws, however, many states have laws similar to Ohio's laws.

Generally speaking, mechanic's liens are in existence prior to the date that they are filed. In Ohio, the filing of the lien is essentially claiming the existing lien and the service of the lien on the owner after the filing is merely the perfection of the claimed lien.

The actual priority of the mechanic's lien in Ohio has 3 different possible times of priority. Ohio, as do many states, has a requirement that the project owner file a document, here called a Notice of Commencement, prior to the beginning of any work on the project. Some project owners don't file them at all and others file them late. the NOC has several functions, one of which is the setting of priority of Mechanic's Liens. If no NOC is filed, the priority of the Mechanic's Lien dates to the first visible work on the project. There is a recent Court of Appeals case here that used the delivery of rental, high lift equipment as the first visible work. That equipment was delivered prior to the date that the property was sold to the person doing the improvement, meaning that the first visible work was prior to the date of the filing of the purchase money mortgage. ALL mechanic's liens came before the mortgage because it is not the date of YOUR first visible work, but THE first visible work (there would have been a different result if the mortgage was a construction loan rather than a purchase money loan). The third possibility is that the NOC is filed late. All work performed prior to the filing of the NOC will have a priority date of the first visible work. All work after the filing of the NOC. Those lien claimants that have performed labor and/or supplied materials both before and after the date of the filing of the NOC will only have to file and serve one lien to preserve their lien rights, but the lien will have 2 different dates of priority.

Most other liens tend to have the date of priority of the date and time of the actual filing. (Ohio revised its priority law for mechanic's liens v. mortgages in April, 2007 to provide if the Mechanic's Lien and Mortgage were filed on the same day, the Mortgage will be deemed to have been filed first, unless the documents themselves provide the contrary). Similar to the mechanic's lien, UCC-1s can be filed up to 10 days after the date of the transaction giving rise to the security interest, and still have the perfection of the lien relate back to the original transaction, despite any other intervening liens.

There is also the issue of the expiration or renewal of a lien. The multitude of liens have very different lengths of time that they will either last or last, subject to renewal. In Ohio, mechanic's liens last for 6 years from the date that they were filed. They will expire. Other liens can be renewed and, if renewed prior to the expiration of the underlying lien. To move up in priority, sometimes junior lien holders just wait for another lien which may have a higher priority to expire.

I have attached links to some articles that I wrote which were published in The Builders Exchange Magazine on mechanic's liens and other construction law issues. If you have a question on lien priority in another state, please feel free to contact me at the email address in my profile. I will be happy to use my network of construction attorneys across the country to try to find a lawyer who knows the laws in your state to help you. Of course, there will be no charge to do that.

Is it ok to drive a new car on a long trip within the first 100 miles put on the car?

My 2011 Honda Fit Owner's manual says:

During the first 600 miles

  • Avoid full throttle starts and rapid acceleration.
  • Avoid hard braking during the first 200 miles.
  • Do not change the oil until scheduled maintenance time.

--------------------------------------------------------------------

Well in a way no, You should never stress a new car and drive that far in the first 100 miles.

I disagree. Most new engines nowadays have been 'run in' to a certain degree and doing a 100 mile or 200 mile trip or whatever distance you choose, should have no detrimental effect on the vehicle at all, as long as you don't go over the recommended service intervals.

My research shows you may be able to. But you must ask the person who is selling the car incase!!!!!!

look people,running in a fresh engine is not some kind of voodo black magic like some talk it up to be!!!...it does take a few heat cycle's(heating up than cooling down) for the engine to settle in,but i wouldn't worry too much..if you like your engine an care about it,use running in light weight oil,about 15w/40 running in oil first up as it contains no friction modifiers an low levels of dispersants/detergents that will really help good bedding in...change oil an filter after about 500 KLM/300 miles...then use what ever is recommended by the manufacturer but do the second oil an filter change at 200KLM/1200 miles,than by the book, (some may not allow running in oil to be used/im not sure on that one?,but i am sure it's the best for the engine) don't drive like a grandma,(my Mum is a grandma an own's a WRX,don't dive like her ether haha:P) you have to give it a little bit of juice,if you don't the piston rings won't bed in correctly,but not too much load,like flat stick/in a gear too high as the rings will not like it whether running in or not,don't rev the .... out of it,or at the same RMP for too long as piston bore,cam shaft glasing may happen.an make sure the oil is clean an changed by the book,use good fuel.....always!!!...other than that..just use the car.....Mech9YbyTrade . The engine will need water every 50 miles.

I would suggest always read the car's manual first! I remember we went on a trip with my relative who wanted to impress his girl that he just met on (dream marriage) and his brand new toyota had troubles, and we end up getting a car rental.

Should wife be placed on deed before filing chapter 13 bankruptcy?

You will need to discuss this thoroughly with an experienced bankruptcy lawyer. Mortgages usually do not allow a change in title without the consent of the mortgage holder, and it can trigger acceleration of the mortgage and require immediate poayment of the whole balance due.

If the wife has good credit and the mortgage is in trouble, it may affect her ability to borrow after the bankruptcy, so don't do it.

Can a lien be removed by a bankrupsy?

Sure. But if there is a lien against the property, it would be sold to generate the money to pay off the lien, even in bankruptcy. The lien secures or ties the debt to the property. If the amount generated doesn't pay off the debt, that amount becomes an unsecured claim in the bankruptcy and any other asset sold can be used to pay it off. Then if there is nothing else that can be used to pay your debts, and you still owe, the court may reduce or eliminate the rest.

Why do the RPMs fluctuate on their own without hitting the accelerator?

I am having a similar problem with my 95' w/351. Mine fluctuates by about 300 rpm's and is fairly consistant every 3-5 seconds. I've been told that it is a vacuum leak, however, I've replaced just about all of my vacuum lines. You cant buy the factory hard plastic tubing, so I fabricated my own out of aluminum tubing and a cheap tubing bender. The aluminum tubing is readily available from hobby stores and is fairly inexpensive. Hope this helps you out. I cant find anymore vacuum leaks on mine, but it still fluctuates. Jon

Can any car barttery work in any other car?

yes...as long as the cold cranking amps and voltage are at least that of the battery you took out of the car you are trying to replace the battery to.

How do you fix a judgment against you when the company that sued you has filed bankruptcy?

The judgment becomes an asset of the bankruptcy estate and thus the "property" of the trustee. The trustee may decide to abandon the judgment as not worth collecting, or may pursue its collection. Either call the trustee's office or check the docket and documents in the bankruptcy court.

If by "fix" you mean pay, check with the trustee's office before sending any money or bank check to anyone. You may be able to settle the claim for less than the full amount.

If you are uncomfortable doing it yourself, get a bankruptcy lawyer.

Do creditors automatically have to accept a company's reorganization plan under Chapter 11?

The creditors and interests are to accept or reject the plan before confirmation by the court. Confirmation requires that the plan be in the best interests of each class of claims and interests, and be feasible.

Is there a tracking or transmitting device available to help track a car you are trying to repo?

There are several devices, BUT, if you can get close enough to attach the device, you can REPO it. You are a tad late on this idea. Theuy are usually installed by the dealer BEFORE the car is sold. Of course, then, they dont need YOU. The device shuts the car off and they drive to it and go.

But a good reason for a tracking device would be if the vehicle you are trying to repo is blocked in or in a garage and you don't want to risk being seen. Wish they had a tracking device that was magnetic and you could attach to vehicle and monitor it on laptop so that you can find out POE or what store they grocery shop at so you can pick there car up.

Are having rims too big on your car illegal?

no its no illegal only is is allowed by the low but only is the rims look good one your car and you could say pits look nice or not the ones for it

What does Voluntarily quit mean?

Voluntarily Quit

It just means that she doesn't work there anymore. Layed off, fired, quit, died, etc. They aren't allowed to give a reason.

I worked at a natural foods store for three months as a "sales representative" and actually as an underpaid and untitled assistant store manager.

There were a lot of things I got out of the job, and I want to be able to talk about the skill set I developed working there, because I am applying for a job at another grocery store. For the most part, though, I was expected to perform all of the same functions as the (also new) store manager, and I worked open to close every day (10:00-7:00 pm, and often times I didn't leave the store until 8:00pm). I did not get paid overtime, etc etc.

After I'd been working there for three months, my mother passed away. I was VERY clear with my manager about what my capabilities were for scheduling, and as of the past two weeks, I'd only been scheduled on Wed/Thurs, and came in voluntarily other days--my mom was in the hospital. And my supervisor was pretty willing to work with me about this, in all fairness.

The thing is though, after she died I told my boss I could not come in the following week. I'd already had requested that week and the next off for a workshop unrelated to my job (made the request months in advance) so I shouldn't have been scheduled to work anyway. Obviously, I didn't go to the workshop because my mother died a couple days before it was going to start. I did say if she REALLY needed me, she could call, and I might be able to come in.

So, the day of my mother's funeral, the phone company turned off my cellphone. We're on a family plan and apparently my mother hadn't paid the bill in six months. Service was back that Monday, which was, according to my termination letter, the day I was supposed to come in to work.

I don't know where the disconnect was, but I received a saying that I didn't show up to work on Monday and therefore was terminated for job abandonment.

I didn't actually care at the time because I was very depressed over my mother's death, and like I said, they were pretty abusive in terms of what they required from me for near minimum wage.

But now I don't know what to put on my job application, because it's such a complicated scenario. I don't feel like saying I was terminated accurately reflects the situation (there's no room for explanation), and while I feel like "voluntarily quit" is more accurate, since the allegation was that i chose not to come to work during a week i'd requested off a month in advance, then again for different circumstances, on a day that I wasn't regularly scheduled to work anyway--

I think, even try to explain all of this in writing looks like I am trying to make excuses, or omitting certain details. Like i said, my phone wasn't working for three days, but outside of that weekend, I hadn't received any call from them, and they did have other contact numbers for me.

in my opinion, the story sounds ludicrous. I hear it, and think, "Obviously, your boss wanted to fire you for other reasons, then"

and i think that perhaps they let me go so quickly because I'd already expressed wanting to leave the job (for the reasons i mentioned), and simply the fact that I couldn't spend time with my mother because of very unnecessarily long shifts.

i also think my supervisor threw me under the bus with the district manager for political reasons. Mostly that she was new and had already been yelled at by the district manager several times for poor performance issues. Both of these women seemed to like me well enough, but they were also always poor communicators with me and each other. It made the job extremely stressful and was, according to my predecessor, the reason everyone leaves that job.

I want to just say I voluntarily quit. but i worry that if they contact my previous employer, they'll say that i was terminated for job abandonment.

so...what do I do?

Additional Detailsoh yeah, what about "may we contact?"

I truly don't know what my boss is going to say to future employers. We got along okay, and according to a coworker, she didn't even say i was "fired" just that I "left" because of my mother's death.

But like I said, she kind of threw me under the bus, and when I asked her why I was fired, she put me on hold for fifteen minutes before i hung up. When I called again later she said, "well, we hadn't heard from you. hang on--" and did the same thing, again!

Best Answer - Chosen by VotersI'm not sure that I would worry to much about what your boss would say - most companies now have policies which prohibit their supervisiors from talking to other employers.

I would NOT put your former boss down as a reference, and, if asked if it was OK to contact the former boss, I would decline and just explain to the new boss that the goals of the previous company and your goals began to diverge, so you decided to seek employment elsewhere - you would not be lying about this.

When you get an interview, you need to turn the focus on what you would do for the company to fix their problems, not focus on your past. Every job exists because there is a problem to be solved, and you can best win the job by focusing on telling your interviewer how you would do the job.

Does a duplicate title void the original title?

No, and by the same token it does not replace it, either. It's "just a copy".

When you start your car why would you have to wait 30 minutes before it will move?

Because your spouse's vehicle is blocking you in?? This question makes about as much sence as asking, "Why is there air?"

How can you tell if a car has been imported?

this has to do with your vin number. there is one number, and it depens on your make and model. i would Google your car and see what it says. For example, i did a Honda prelude. it came up with a website that breks it down for me.

What are the top 5 finance companies in Indonesia?

Top 5 finance companies in Indonesia

Local banks:

1. Bank Mandiri

2. Bank Central Asia (BCA)

3. Bank Rakyat Indonesia (BRI)

4. Bank Negara Indonesia (BNI)

5. Bank Danamon

some notable banks also Permatabank, Bank Buana, Bank Panin and Bank NISP

Can someone file criminal charges while in a civil lawsuit?

Yes. Not only can you file a lawsuit if you have a criminal case pending against you but even if you have been convicted of a crime and are in prison you still have the right to file a civil lawsuit. Your participation in the lawsuit will be restricted by all lawful restraints imposed on you by virtue of being in prison.

How can file a case stop payment?

Unknown what is meant by the phrase "a case stop payment."

If you are referring to payments that you are required to make in order to compy with a court order, the only way you could do that would be to file a motion with the court that issued the paymnent decision and request that it be altered or withdrawn.

Police searching a vehicle?

Law enforcement can search your vehicle for a few different reasons. Fist off they need to have what called probable cause. Basically that is a reason for them to search it in the first place. Let's say you're pulled over and the officer smells an odor of a controlled substance or any type of an alcoholic beverage or any type of narcotic. That is his probable cause to search the vehicle. Or if anything that is illegal is in plain sight that gives them reasoning as well. Now you can refuse the search, but most law enforcement can obtain a search warrant for your vehicle in a matter of minutes. Now they also have what's called search incident prior to apprehension. That means if you're arrested they can search your car no questions asked, because you were arrested and it's for officer safety. But they can only search the areas you had immediate access to. But if you and your passengers were all arrested and they had access to the back seat and anywhere else, that can be searched as well.

Does a car dealership have legal right to hold your title once you have completely paid that specific car off?

Whose NAME is the title in? Yours, or the dealership's? When you bought the vehicle, the auto dealership would supposedly transfer the title to you, but would also place a "lien" on the vehicle.

IF THE TITLE IS IN YOUR NAME, simply tell the dealership to hand it over, and call the authorities if they refuse.

IF THE TITLE IS NOT IN YOUR NAME, then you just may have a problem requiring the services of an attorney, assuming of course that you have fully paid for the vehicle.

If you bought your wife a truck and its in both of your names and she moved out can you get it back or sell it the truck is paid for?

If you bought it for her and the judge asks that question and you say "Yes", Its hers.

If its her only means of transportation and you have your own vehicle, Its hers.

If she took the kids, and she has no other means of transportation, Its hers.

Pretty much you will have to prove she does not need it.

The only way you can get it, Is, She needs a vehicle and You cannot ever say that it is hers and yours is yours.

If you steel it from her, There is nothing she can do until she has a judgment, In other words, The cops cannot do anything to you.

You need to do something soon.

Good luck.

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