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Problems acquiring title. Need help before insurance drops me.

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Old May 27, 2003 | 05:10 PM
  #1  
enuttage's Avatar
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From: Back In Austin
Problems acquiring title. Need help before insurance drops me.

This is for any of you title experts out there...

Okay here's the backstory:

1. '94 purchased in November 2001.
2. Former owner says he'll mail the title.
3. Title never shows up.
4. Car is completely disassembled, repainted, put back together and finally back on the road in full operational order by May, 2002.
5. Drove the car very little due to workload last year.
6. Insurance informs me two months ago that unless the car is properly titled in 30 days, coverage is dropped.
7. I get in contact with original owner. He says he'll file a lien release form with his credit union. Spoke with him two months ago, at which time he also came by my wife's business and signed a transfer of title form (before the DOT showed a lien on the car still existed).
8. Original owner's phone is cut off and he no longer works for his previous employer.

Now, the insurance company is saying that the ENTIRE policy might be dropped prior to the next renewal date if we don't get the car titled. Of course that's both incredibly stupid and problematic. I WILL cancel the RX-7 policy long before the review period so as not to lose our other two cars, the house, engagement ring, etc. But...it'd be nice to take care of this before then.

Anyone have any experience getting a title with an existing lien on it from the lien holder, without the previous owner's consent?

I'm in a bit of a bind.

Thanks for any help you guys can offer,

-E
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Old May 27, 2003 | 05:12 PM
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spurvo's Avatar
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From: Tri-Cities, WA
And of course, what did the current lien holder say when you called them and informed them of the situation?
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Old May 27, 2003 | 05:22 PM
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Write him and his bank a letter formally requesting the title. Include in that letter the signed agreement between you and him re: the title and copies of any other written documentation of the transaction and correspondence. Paper, paper. Quit using the telephone.

Honestly, I can't understand how you went 2 years without the title. I would have had a lawyer call his bank after one month.

How did you get the car registered, anyway? In PA you can't go 5min without the title being properly handled.

Dave
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Old May 27, 2003 | 06:45 PM
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From: San Luis Obispo, Ca
Go to the the department of motor vehicles. Ask them if you can pay the fees for registering the car. If they allow you to pay, they won't give you the registration, but they will give you a reciept showing that you have paid the fees. It will show your name, and the vehicle information. This may satisfy the insurance company, or at least buy you some extra time to get the completed registration.
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Old May 27, 2003 | 10:59 PM
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From: Santa Fe, NM
I think you should visit with the current lien holder. If the original owner still owes money on the car you may be in a world of hurt. If so, it is time to bite the bullet and retain a lawyer.

I got crosswise over my title with the guy I bought my car from. He basically sold me something he didn't legally own (register) according to the State of Ohio. I had to get a bill of sale from the prior owner (one of the good guys) before I could register it in NM. I retained a Lawyer that practices in Ohio to help me sort it out. Another expensive lesson that I shouldn't have needed. Too soon old, too late smart!
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Old May 28, 2003 | 08:12 AM
  #6  
enuttage's Avatar
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From: Back In Austin
Originally posted by spurvo
And of course, what did the current lien holder say when you called them and informed them of the situation?
Current lienholder is being, er, difficult. I'm calling them back today to talk to their title specialist, who failed to return my calls yesterday.

Originally posted by dgeesaman
Write him and his bank a letter formally requesting the title. Include in that letter the signed agreement between you and him re: the title and copies of any other written documentation of the transaction and correspondence. Paper, paper. Quit using the telephone.

Honestly, I can't understand how you went 2 years without the title. I would have had a lawyer call his bank after one month.

How did you get the car registered, anyway? In PA you can't go 5min without the title being properly handled.

Dave
Thanks for the suggestion on starting up a paper trail.

Like I said earlier, the car has been either in pieces or I've been slammed with work for most of the past two years. I've been driving it illegally (without registration) regularly on the weekends for about the past 6-8 months. I've been lucky since then.

But yeah, I should've been on this a long time ago. When the car is in another city in pieces though, you're less inclined to be motivated to do something about it.

Originally posted by adam c
Go to the the department of motor vehicles. Ask them if you can pay the fees for registering the car. If they allow you to pay, they won't give you the registration, but they will give you a reciept showing that you have paid the fees. It will show your name, and the vehicle information. This may satisfy the insurance company, or at least buy you some extra time to get the completed registration.
Another good idea. Thanks adam.

Originally posted by adam c
swbrad I think you should visit with the current lien holder. If the original owner still owes money on the car you may be in a world of hurt. If so, it is time to bite the bullet and retain a lawyer.

I got crosswise over my title with the guy I bought my car from. He basically sold me something he didn't legally own (register) according to the State of Ohio. I had to get a bill of sale from the prior owner (one of the good guys) before I could register it in NM. I retained a Lawyer that practices in Ohio to help me sort it out. Another expensive lesson that I shouldn't have needed. Too soon old, too late smart!
Yeah, I know, that's my worst fear. That the lienholder is looking to reposses the car and I'm contacting them about it.

Well, I'm gonna try the advice listed above, and then I guess it's time to try and schedule a hearing with the DOT and maybe find myself a lawyer. You have to think that this kind of thing happens a lot though.

Well, thanks for the fresh leads on ideas guys. I'll report back when any news breaks, if for no other reason than to help the poor wretch that has to go through this next.

-E
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