Car title with improper lien attached

[kprice1115]

What is the name of your state (only U.S. law)? Ohio

Back in ~2003 I purchased a vehicle at a "buy here, pay here" dealer. I paid the car off in 2005. At that time, I had a lot of personal chaos going on and didn't realize until late last year, when I wanted to sell said vehicle that I couldn't find the title. Then I remembered that I don't recall ever receiving the title from the dealer. I vaguely remember that they were going to mail it to me. All I could find was the "memorandum" title I got so I could register the plates for the car.

So skip ahead to earlier this year when I went to the local BMV to ask about my title. I find out that there is still a lien on the title from both the dealer (Sprint Auto Sales) and the finance company (Canton Acceptance Corp). I told the title office that I know I had paid that loan off and had most of the receipts (except for the final payment which I think I paid off with that years tax refund check). They told me to file a complaint with the title office, which I did, but was then told they couldn't really help me and that I would probably have to get a court ordered title which would cost $350. I don't have $350 to get a court ordered title, so I started digging around the Internet to try to find contact information for the two parties listed on the title. I was first able to contact the finance company and within a week of me sending them a letter describing the situation, they sent back a notarized letter stating that they had no interest remaining on the car and that the loan was paid off and the car belonged to me.

I took this letter to the title office and they said that it was sufficient to use, but that Sprint Auto Sales was still on the title as a lien holder, so they still couldn't release it. The thing is, Sprint Auto Sales hasn't been in business for several years, so I can't just go to the business and work this out. I did, however, finally find out the owner of that business, who now resides in N. Carolina, and I have sent him two emails describing the situation and simply asking for a letter similar to what the finance company sent (I even sent him a copy of that letter). He has ignored both emails and I have a tracker on the email, so I know they were opened.

My question is two-fold. 1) Do I have any legal recourse against the former owner and/or 2) what legal options do I have with a lien holder on the title that no longer exists???

Am I still going to be forced to get a court ordered titled as my only recourse??

Thank you for any advice on this.

Kevin

 

[OHRoadwarrior]

Why is it his fault you ignored the fact you did not get a lien release? Can you prove he never mailed one to you?

 

[Zigner]

Depending on the structure of the business, the person who you call the "owner" may not have the legal authority to provide what you are asking for.

 

[kprice1115]

What I know it's he was listed as owner/president. I'm not interested in taking any legal action against him, I just need a letter of title release. If he doesn't have the authority, the least he could do is reply and say so. I should also mention that the title office told me that this dealer had a history of doing this to other people.

I guess the bigger question I have is, is the lien still applicable for a now non-existent entity? Especially when the still in business co-lien holder has signed off on it?

 

[Zigner]

I guess the bigger question I have is, is the lien still applicable for a now non-existent entity? Especially when the still in business co-lien holder has signed off on it?

It's really not, and your state provides a means to work around this exact situation. You know that it does already, but you don't want to pay the required amount to do so.

 

[kprice1115]

I just didn't want to have to pay it if there was another way to do it. If that's the only way, I'll have to find a way to do it.

Thank you for your time and help.

Oh, and thanks for making a newbie feel welcome with the not at all snarky comments :/

 

[Zigner]

I just didn't want to have to pay it if there was another way to do it. If that's the only way, I'll have to find a way to do it.

Thank you for your time and help.

Oh, and thanks for making a newbie feel welcome with the not at all snarky comments :/

You're welcome.

 

[whowelookinfor]

I just didn't want to have to pay it if there was another way to do it. If that's the only way, I'll have to find a way to do it.

Thank you for your time and help.

Oh, and thanks for making a newbie feel welcome with the not at all snarky comments :/

seriously? Snarky? what is that? i think you may have gotten the wrong impression...:-}