Social Question

Windmill's avatar

Can I get the title to my car?

Asked by Windmill (509points) October 10th, 2013

My husband started a new job in January of 2006. As it was sales oriented we had to buy a “new car,” a 2005, four-door Buick sedan. It was run under my credit, in my name.

In March of 2006 I had to file bankruptcy. :( I reaffirmed the house and the car.

I heard from our mortgage holders quickly, and continued making payments,even though, ‘legally’ I didn’t have to until the bankruptcy was discharged, which it was in October of 2006.

I never heard from the lenders on the car though. I sent in my April payment, but it was returned with a letter saying something about the bankruptcy and they couldn’t accept the payment, and call this 800 number.

I called them and they gave me another number to call, specifically dealing with bankruptcy.

I called that number, and the bankruptcy system said they had no record of it, but said to call back after the bankruptcy had been discharged.

I called them at least 2 times after the discharge over a period of about 3 months. Each time they said they had no record of the car.

I didn’t know what to do so I…did nothing. It’s been 7 years and nothing has happened. I thought surely they’d come to their senses, get a flag of some kind when I paid the taxes that year, but nothing happened. It isn’t reflected on my credit reports, nothing. It’s just lost in car purgatory I guess.

I’d really like to be able to sell it, but I don’t have the title, and I’m afraid of making waves at this point.

Any advice?

Observing members: 0 Composing members: 0

10 Answers

zenvelo's avatar

This could be a convoluted process.

Go to the DMV and ask for a new title. They’ll give you the name and number of the current lienholder. Then send a certified receipt requested letter to the lienholder asking for discharge of the title, (or the title itself).

And if they don’t respond, take evidence of the certified letter to small claims court and ask the judge to order them to discharge the title.

Windmill's avatar

But I’m afraid they’ll come back and say, “But you still owe $10,000 on the car.”

CWOTUS's avatar

If that’s the case, and you do still owe money on the car (I don’t know how bankruptcy law applies to that asset), then the car isn’t “yours” and you can’t sell it, right? So you could tell the creditor at that point to “come and get it”, but at least you’d know where you stand debt-wise.

WestRiverrat's avatar

I think there is statute of limitations on this debt. If they have not tried to collect it for over 7 years and you can prove that you tried to contact them, then you will get the title. You may have to go to small claims court to collect it however.

Windmill's avatar

I wondered about a statute of limitations too. I might have to check that out @WestRiverrat. I just don’t know how to “prove” I contacted them.

WestRiverrat's avatar

As @zenvelo stated start with the DMV. Once you know what they need you will know what you have to do to get the title straightened out.

Windmill's avatar

Or start with an attorney, find out if there is a statute.

Thanks Ya’ll.

hearkat's avatar

@Windmill – Start with the lawyer that handled your bankruptcy, the car should have been listed in that filing. I applied for bankruptcy 8 years ago, but I did not owe on my car at that time. Still, all my other debts were discharged. You could also check your credit report to see if the car loan is listed as discharged.

Windmill's avatar

Thanks @hearkat. Good idea.

Windmill's avatar

Just sent an email to him.

Thanks.

Answer this question

Login

or

Join

to answer.
Your answer will be saved while you login or join.

Have a question? Ask Fluther!

What do you know more about?
or
Knowledge Networking @ Fluther