car loan with no lien on title?

[freedom7]

update!!!!!!!!!

ok, we received our discharge today, on day 63! No motion for relief from stay was ever filed, no objection to discharge, nothing from anyone, including Ford, except for their lawyer asking to be notified of happenings prior to 341.

SOOOOO, the debt itself is discharged, I have the clear title in hand in NJ, and have no idea if Ford intends to attempt Repo or anything, soo


Should I sell this vehicle ASAP and get something else, or could I be sued in some way for this?????


Any Ideas?

Thanks again

[speedbump69]

If it where me (and it is not) I would sell it and get that monkey off my back. Having a clear title and discharge on debts if I dont have it they cant take it mentality. Do not know if they can come after you for $$ though.

[Chowder]

ok, we received our discharge today, on day 63! No motion for relief from stay was ever filed, no objection to discharge, nothing from anyone, including Ford, except for their lawyer asking to be notified of happenings prior to 341.

SOOOOO, the debt itself is discharged, I have the clear title in hand in NJ, and have no idea if Ford intends to attempt Repo or anything, soo


Should I sell this vehicle ASAP and get something else, or could I be sued in some way for this?????


Any Ideas?

Thanks again

It is a loose end. You never know if some weanie at Ford Credit will send out the repo goons.

Once it's converted, you're golden.

Oh. And congratulations!

[freedom7]

Chowder wrote:

It is a loose end. You never know if some weanie at Ford Credit will send out the repo goons.

Once it's converted, you're golden.

Oh. And congratulations!


What do you mean by converted? like to cash or trade or ????

and Thank You

[Chowder]

What do you mean by converted? like to cash or trade or ????

That's exactly what I mean. Converted into any asset Ford credit has no claim to.

[tigergem]

This was a beautiful story. And very educational. Thank you, all.

[freedom7]

ok since the thread was ressurected here is the updated info:

within a week of my last post two repo guys showed up to get the car, my wife called me and I spoke to the guy who was like, "we aren't leaving here without the car" so I called Ford's lawyer and reminded him I had the title and he would be stealing the car, he said let me take care of this, within 10 minutes they were gone, but now Ford wanted to look into this situation.

They ordered a title abstract in NJ, came back CLEAN, so they ran one in PA, it shows they placed a lien on the title after I moved away, so we have DUELING titles in opposite states, and no resolution still....

They have no idea what they want to do, but told me if I get rid of the car they will SUE me, so I wait,

ANY IDEAS??????

[tigergem]

Sue you for what, exactly? A loan is not a lien, and a lien is not a loan. It looks to me like they do not have perfected security interest in the vehicle in New Jersey. Whose fault is that? And the debt, the contract, is discharged, correct? I would have already sold it.

[Chowder]

They have no idea what they want to do, but told me if I get rid of the car they will SUE me, so I wait,

ANY IDEAS??????

And they'd know this how exactly? Are they in constant contact with the New Jersey DMV, or just checking in periodically?

The last person I'd take advice from in this is THEIR attorney. He probably ends most adversarial conversations with a threat to sue.

They're screwed and he knows it.

[as125]

ok since the thread was ressurected here is the updated info:

within a week of my last post two repo guys showed up to get the car, my wife called me and I spoke to the guy who was like, "we aren't leaving here without the car" so I called Ford's lawyer and reminded him I had the title and he would be stealing the car, he said let me take care of this, within 10 minutes they were gone, but now Ford wanted to look into this situation.

They ordered a title abstract in NJ, came back CLEAN, so they ran one in PA, it shows they placed a lien on the title after I moved away, so we have DUELING titles in opposite states, and no resolution still....

They have no idea what they want to do, but told me if I get rid of the car they will SUE me, so I wait,

ANY IDEAS??????

Hello, I am very much interested in an update. I have a similar situation where my title is free and clear with no liens recorded. I am filing chapter 7, pro se. I listed the auto loan as unsecured, and exempted the property in full. Do I need to file a motion to determine secured status? This process is all new to me and any advice would be appreciated.

[Tman]

ok since the thread was ressurected here is the updated info:

within a week of my last post two repo guys showed up to get the car, my wife called me and I spoke to the guy who was like, "we aren't leaving here without the car" so I called Ford's lawyer and reminded him I had the title and he would be stealing the car, he said let me take care of this, within 10 minutes they were gone, but now Ford wanted to look into this situation.

They ordered a title abstract in NJ, came back CLEAN, so they ran one in PA, it shows they placed a lien on the title after I moved away, so we have DUELING titles in opposite states, and no resolution still....

They have no idea what they want to do, but told me if I get rid of the car they will SUE me, so I wait,
ANY IDEAS??????

You say that Ford filed a lien in PA after you moved away. But did you transfer the title to NJ before the lien was filed? If so Ford could not file a lien on the PA title as that title was no longer in PA jurisdiction.

[tcreegan]

...just throwing something out here....could the loan papers establish the car as collateral w/o a lien on the title? Other consumer loans have collateral that is not titled, say jewelry. ???

Tom in Colo

[justbroke]

This thread is from February 2010. Someone resurrected it. In any event, almost EVERY state will require a lender to forward the title to them when they are titling the car in their state. If you try to register it in a different state, that state forces the lender to send them the title (to the new state), so that the new state can process the title and issue a new one. If it's electronic, no titles are exchanged.

Most states use electronic titles these days.

Beware though. I ended up with title issues where I was electronically titled in two states with one of them with a "for lien information only" title! While the original bank had given me the original paper title back (had the electronic one "printed") and endorsed, the "lien only" title in the other state was all messed up. Getting clean title can be a pain in those circumstances.