getting a car with a lien on the title

[350regal 10+ year member]

so i was given a 99 buick park ave but the thing is it has a lien on the title. the story behind it is that a friend of the family was given the car by her boyfriend and signed the title but never got a new one, then her boyfriend was arrested and has been in jail since then and the girl has passed away.

now the car is still sitting in her moms driveway three years later and said that i can have it if i come get it. does anyone know how i could go about getting the lien taken off so i can register the car?

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[Plottin4success 10+ year member]

Go to DMV and ask them. I had a similar situation with one of my old cars.

 

[armitank]

what is a lien?

 

[350regal 10+ year member]

its basically were there is money owed on the car that hasnt been payed i believe. the lady said something about child support though so im kinda confused on that, im gonna go get it this weekend i think so ill see what the title says.

 

[Paaco1981 10+ year member]

Quick Google search:

One way to collect child support is by a child support lien. A "lien" is a charge, burden or claim against property. The property can be sold or taken to satisfy and discharge the lien. This process is called "foreclosure."

A child support lien, once filed, is just like a mortgage on a house. If the house owner falls behind in his payments, the mortgage company can foreclose on the house. By filing a child support lien, you are in effect becoming a mortgage company except that you can foreclose on almost anything the obligor owns except his homestead.

If you are owed child support, you can file a child support lien. In fact, if your support is overdue, you already have a child support lien. All you have to do is "perfect" it. To perfect a child support lien, you must file a Notice of Child Support Lien. The Notice must contain certain information and be sworn to under oath.

Once you have prepared your Notice, you can file it wherever you think you have the best chance of executing it, or foreclosing on it. This could be where the obligor lives, where the obligor owns property, or where the court that issued the child support order sits. You can also file the Notice in a pending lawsuit where you think the obligor might get some money or with any other person or organization that you think may have something that belongs to the obligor. You can file more than one place, and filing a child support lien does not keep you from trying to collect the child support in other ways at the same time.

Once the lien is filed, it "attaches," or becomes a charge against, all nonexempt property owned by the obligor. "Property" means both land and things, like cars, boats, bank accounts, computers, and so forth. "Exempt property" is property that no one can force the obligor to sell to pay his debts. "Nonexempt property," on the other hand, means any property that can be sold to satisfy debts. As a practical matter, you can execute your child support lien on all the property the obligor has except his homestead.

If you have a child support lien against an obligor, he cannot sell his property without paying off the lien unless his purchaser is a real dummy. This is because at any time, you can foreclose on the lien, even if someone else has bought the property in the meantime.

Being free I guess you would have nothing to lose, definitely don't put anything worth any kind of money in it though until you get the lien sorted out.

 

[Bfat567 10+ year member]

My jeep had a lein on the title when i got it. When i registered it they just made me sign a piece of paper saying if money was actually owed i would pay it. Never heard anything about it after that.

 

[350regal 10+ year member]

yea im thinking maybe ill see how it runs and then go talk to the dmv and see if theres anyway i can get the lien taken off or something. even if i cant i could part it out and it has 20's on it im sure i could get some money out of.

 

[Maglite 10+ year member]

Take the rims, leave the car and run...............

 

[Boomintempo 10+ year member]

A lien on the car means they used their car as collateral for a loan. Essentially they got a loan for what the car was worth, and the bank owns the car until you pay it off. If the dude is in jail and girlfriend is dead (geez, sounds like a wonderful family) then you need to talk to the bank and figure it out. If he had a co-signer, then the lien will default on the co-signer.

Best to go talk to the bank

 

[350regal 10+ year member]

A lien on the car means they used their car as collateral for a loan. Essentially they got a loan for what the car was worth, and the bank owns the car until you pay it off. If the dude is in jail and girlfriend is dead (geez, sounds like a wonderful family) then you need to talk to the bank and figure it out. If he had a co-signer, then the lien will default on the co-signer.
Best to go talk to the bank

ok thanks for the info man, and yea its a very dysfunctional family the older brother is a drug addict the dad died from liver sclerosis and the girl and her step brother died in a car accident involving alcohol , i feel bad for there mom.