Lien Release

[djsplace]

My Chap 7 was discharged on 02/14/04. I had a car included in it that was broken down and I still owed a $2000 on it. I have been trying to funk it since. The Finance co. will not release the lien on the car, They siad I could buy the title from them but they won't come get the car or release it. Anyone have any ideas how I could get it released.
I could use all the Info. I could get
Thank You Bill

[ODDBALL]

djsplace, not sure on this one. If the car is not running, you could offer to settle with the finance company so that you can get the title to the car. Settling the account may be your best bet. If you come up with an offer, be prepared to justify. If you can get an estimate from a mechanic with everything wrong with the vehicle, you can use that as leverage as to what you think the care is worth. If you owe $2000 for the car, and there is $1900 in repair, present that to them, and offer to settle for $100. If they accept the settlement offer, they will want to see justification from the mechanic that prepared the estimate. Good Luck!!!

[LostOne0069]

Tell them to either come get their car or you'll have it towed away. If it was discharged in your bk, then you don't owe on it anymore. It's THEIR car, not yours... tell them you want it off the property or you want the title for it. If they won't do either of those, then tell them that you're going to have it towed away and that it's not your responsibility as to what happens to it after that.

[Minnymouth]

Send them a bill for storing their property at your house.... believe me they will come get it........ lol

[djsplace]

It sounds like a great idea to send them a bill for the last two years. I just don't want to junk it and have it come back on me somehow. My credit is doing great right now and I wonder if this could sting me somehow.
I wish I knew about this group when I was going thru my BK, I had so many questions. I had a 13 I converted to a 7.
Does anyone think I need to talk to a lawyer to make sure I could junk it.
Really appreciate everyones help in this!!!
Bill

[AAAArt]

I, for one, definitely think that you should consult an atty. before doing anything. It might even be worthwhile to pay the lawyer to get the lien released.
A lien can stay on for up to 10 years and it will always hurt your credit scores, although not as much as some people think. The IRS has a lien reported on my credit report. Filed in May 1995. 2 q/2 years ago I was able to get a GMAC loan at 0% interest. I warned the credit guy that it might not go through, but he came back and laughed at me and told me my credit score was 689.
Nevertheless, I would want to get rid of it legally and as quickly as possible.
Just my $.02 Art

[Minnymouth]

If you purchase a vehicle the lien is against the vehicle, not the person. Thus if the vehicle is surrendered in bankruptcy the balance of the debt is discharged.
The vehicle then belongs to the lien holder. Thus no further valid lien against the purchaser.

If the company DOES NOT come after the vehicle, then the debtor needs to notify the Trustee or his attorney that all this time has passed and he needs to know what to do with the vehicle.

Its the debtors responsibility to surrender the vehicle, and the lender to pick it up or make arrangements for the debtor to drop it off.

Thre is no reason WHY a debtor cannot charge storage if the lien holder REFUSES to pick up the vehicle.

Now if the following has occurred:

If the lien holder has gotten a "judgment" against the debtor, that has to be removed by going to court..... it is not automatically discharged in the bankruptcy process.

He really needs to contact his attorney and find out exactly what IS going on...... and take it from there.