QUESTION
What can I do if the lienholder has died and his wife is demanding payment on a car I bought?
Asked on Aug 28th, 2013 on Litigation - Indiana
More details to this question:
I purchase a car from my landlord in September 2010. We agreed to finance at $50.00 weekly for 2 years. The title was placed in my name with landlord listed as lienholder. I paid car off in August 2012. At this time no receipt was given. My landlord said that he would find the title later in the week and sign off on the lien. The title was never found and the lienholder was killed in an accident in March of this year. His daughter and wife now have the title and are demanding payment or they are taking the car.
3 ANSWERS
Michael J. Breczinski
Sue them for the title. You paid the monies.
Answered on Sep 03rd, 2013 at 9:35 AM
Bankruptcy Attorney serving Federal Way, WA
at
Freeborn Law Offices P.S.
Update Your Profile
I assume that you have receipts for all the payments you made. If not, you may have a problem. If you do, you can apply to DOL for a lost title, or you may have to sue the wife and daughter to clear the title.
Answered on Aug 29th, 2013 at 12:19 PM
Criminal and General Civil Litigation Attorney serving Warsaw, IN
Partner at
Rockhill Pinnick LLP
3 Awards
The only way the wife or daughter will have an interest is if an estate is opened. If one is opened, sue the estate to compel release of the lien. If one is not, tell them to kiss off, and file a declaratory judgment action to give you clear title to the car.
Answered on Aug 29th, 2013 at 10:41 AM