QUESTION

How do I get a lien off my car?

Asked on Jan 17th, 2015 on Bankruptcy - Washington
More details to this question:
I filed for bankruptcy 8 years ago and was discharged. I had made a $4,000 loan (not for my car) and as a collateral I gave them my car title. When filing for bankruptcy, I forgot about my car in that loan. Now, my son totaled the car. I need to take it to a junk yard but nobody will take it without taking the lien off. I called the bank who has my title and will not release it without me paying the debt. I need advise, please.
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4 ANSWERS

Commercial & Bankruptcy Law Attorney serving Powell, OH at Ronald K. Nims
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You have no personal liability on that debt but the bank does have a valid lien on it. Since the car is in your name, you might be assessed storage charges wherever it is now. There is nothing you can do to force the bank to remove the lien, so I'd recommend that you give the car to the bank and let them deal with it.
Answered on Jan 20th, 2015 at 9:20 PM

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William M Stoddard
You will not be happy with the answer. I expect you will be ending up driving the vehicle until it is junk. See to avoid a lien on a title, you have to do a motion to avoid lien with the bankruptcy court. This is rather pro forma while your bankruptcy was open. But it can only be done while the bankruptcy is open. So now, to do the motion to avoid the lien, which would then allow you to dispose of the vehicle with a lost title affidavit, or for that matter allow you to ask for the dept to issue you a new title, you have to reopen your bankruptcy. To reopen you must pay the filing fee, now $300 + with the court upon motion to reopen. You have to the do the motion to avoid lien, get an order to that effect and ask the court to reclose the bankruptcy. Unless there is value in the vehicle, as stated earlier, it might be a better plan to run it to junk and contact the lien-holder to pick up their junk for disposal.
Answered on Jan 20th, 2015 at 9:00 AM

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Bankruptcy Attorney serving Seattle, WA at The Law Office of Marc S. Stern
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Call and write the bank. Tell them that you are towing the car to their branch. Ask if they would prefer that it be towed to a junk yard. If they do not respond, give them a date on which it will be towed to their parking lot. Have it towed there. It is now their problem.
Answered on Jan 19th, 2015 at 7:41 PM

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Bankruptcy Attorney serving Las Vegas, NV
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The bank is secured in the car. You can't get it released from the car without their consent.
Answered on Jan 19th, 2015 at 7:41 PM

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