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Lien not perfected within 20 days

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careone

Junior Member
What is the name of your state? Missouri

I recently found out in our state a lien on a vehicle has to be filed within 30 days to be perfected, or within 20 days for bankruptcy.

Because our vehicle was getting ready to get reposessed, the bank helped us out quickly with the money. But, due to error in our part, our bank was unable to file liens for months on our boat and vehicle. My husband and I had just gotten married and we had taken our titles in for name changes - he added me and took his ex off of the title, changed addresses and lienholders. The bank sent us with the money and the information for the liens to the license bureau. Accidentally, I gave the wrong bank and when we eventually got the titles in the mail, they had the wrong lienholder. The bank had been calling for a copy of the pink slip that we got. They said they needed to file a lien within 20 days. I never got it to them, mainly because I miss placed it.

When we got the titles, we gave them to them. They had to get new lien releases and they reapplied for new titles with their lien on them and charged us again for the title and notice of lien fees.

Now, we are filing chapter 7 bankruptcy.

Our attorney has told us to quickly file our tax refund, then come in to sign paperwork when the money is spent.

Will we be able to keep our property because they didn't get their lien filed in time? We weren't planning on keeping them, because they value out over our limits, but if we can keep them legally, without owing all the money, that would be nice.

Without the debt of the boat/vehicles (they're on a consolidated loan) we don't have enough to file bankruptcy. We are 3 months behind and hope they don't come repo it before we sign the papers, or we will loose our money.

Thanks!
 



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