• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Dirty title from the dealer...

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

L

lookitsmary

Member
What is the name of your state (only U.S. law)? FL in Aug 2005 I purchased a used vehicle from a used car dealer. I have made all my payments all on time and as of Aug. 2010 I made my last payment recieved a congrat. you have paid your loan off letter from the finance company. I was told there was a title request that was sent out Sept. 1st 2010. the vehicle came from TX. shipped to FL. for me. I have waited, 30 days and still did not recieve the title as promised. I called the finance company today 9/30/2010 and was informed that there was an outstanding mechanics lein on the vehicle from the previous owner and the vehicle was sold to me prior to the lein being recorded. therefore a "dirty title" I have this vehicle sold pending the reciept of clean title and bought another truck anticipating that title and now I need to know what to do. Oct 1st, tomorrow, is the beginning of the next modle year and my vehicle will now depreciate in value. How do I get made whole....
 


A

acmb05

Senior Member
lookitsmary said:
What is the name of your state (only U.S. law)? FL in Aug 2005 I purchased a used vehicle from a used car dealer. I have made all my payments all on time and as of Aug. 2010 I made my last payment recieved a congrat. you have paid your loan off letter from the finance company. I was told there was a title request that was sent out Sept. 1st 2010. the vehicle came from TX. shipped to FL. for me. I have waited, 30 days and still did not recieve the title as promised. I called the finance company today 9/30/2010 and was informed that there was an outstanding mechanics lein on the vehicle from the previous owner and the vehicle was sold to me prior to the lein being recorded. therefore a "dirty title" I have this vehicle sold pending the reciept of clean title and bought another truck anticipating that title and now I need to know what to do. Oct 1st, tomorrow, is the beginning of the next modle year and my vehicle will now depreciate in value. How do I get made whole....
Click to expand...
I assume this was a repo that you bought. A lien should not have been placed on the title after it was re sold. Finance company needs to have it removed and give you clean title. I would call them 3 times a day until they have it removed.
 
L

lookitsmary

Member
thank you all for your input.... this was not a repo from what i understand i got it from carmax.... they are all helping me with this my finance company as well as carmax..... again thank you and i will be calling them until release of lein is in place and title is in hand.

thank you again
 
E

ecmst12

Senior Member
Your vehicle will not magically depreciate at the start of the next model year. Your vehicle is 5 years old, it depreciates a little bit every day but the only really BIG hit the value takes is when you drive a NEW car off the lot. The older your car is, the slower it depreciates.
 
justalayman

justalayman

Senior Member
how did you get Florida registration, in your name no less, for 5 years, without the title being transferred into your name?
 
Last edited:
justalayman

justalayman

Senior Member
ecmst12 said:
The vehicle was financed. The bank would have held the title.
Click to expand...
Florida statutes say it can be either but is at the discretion of the lien holder.

It still would be transferred into the OP's name. If not, the bank could not have registered a security interest on the title. In fact, the law requires it be transferred within some stated time. I don't remember what it is offhand but it is in terms of months, not years.
 
E

ecmst12

Senior Member
Exactly. I never saw the title to my last TWO cars because the first was totalled before it was paid off and the 2nd was traded in before it was paid off. So if something was wrong with the title, I never would have known.
 
justalayman

justalayman

Senior Member
ecmst12 said:
Exactly. I never saw the title to my last TWO cars because the first was totalled before it was paid off and the 2nd was traded in before it was paid off. So if something was wrong with the title, I never would have known.
Click to expand...
I'm just telling you what the Florida statutes say to the matter. If I was a lien holder, I would hold it as well. I suspect most lien holders do.


but still, the title must be (per Florida law) be transferred into the purchasers name within a quite limited period of time (as similar in most states).
If the lien holder did not demand possession of the title, maybe they believed the OP to have possession of it.

So, if the title was not transferred, the op has an action against the seller.

ans because it has been 5 years, I suspect it's going to be messy.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top