what kind of lawyer will help with car bought with lien on it

by Devin Hickle 4 min read

If you recently purchased a vehicle, and you believe that the vehicle may be a "lemon" or that you were victimized by auto dealer fraud during the buying process, one of the first steps you should take is to contact an experienced Lemon Law or Auto Dealer Fraud attorney near you.

Full Answer

How to buy a car with a lien on it?

Apr 21, 2018 · My previous employer is the lien holder of my car. After my resignation I paid off the debt to release the lien from the car. My previous employer does not want to send me the car title or a lien release unless I sign them a “General Release” form so I won’t sue them in the future.

How can a lawyer help you deal with a used car dealer?

May 03, 2021 · A lawyer for car repossession can help you by figuring out what those options are and provide you with expert advice on what choices to make next. First, it’s important to understand what a car repossession is. Car repossession is when a lender, usually a bank, takes back a property that the borrower used to secure a loan.

Who is the lien holder of a car loan?

Dec 17, 2020 · They did not tell me the car was bought on a loan and that there is a lien on it. They had just bought the car and didn't have the title yet, when I asked them to follow me to the dol they took off and led my boyfriend on a chase, never to be caught. ... You should report the theft to law enforcement, but don't expect them to do much. Never ...

Can a mechanic place a lien on a car?

Aug 26, 2015 · We are your “ auto fraud attorney near me”, call us for immediate legal protection: (818) 254-8413. Car Dealership Lawyer at the Right Time. When hiring a car dealership lawyer, it is important to consider where you are in the process with your vehicle, and if you qualify.

How do you get around a lien?

The most straightforward way to remove a lien from your property is to satisfy the debt. Once you have paid it off, you can file a Release of Lien form, which acts as evidence that the debt has been satisfied.

How do I get a lien removed from car title in Michigan?

To release a vehicle lien, the lender must either sign the vehicle title certificate or provide you with a lien termination statement. If you still have a lien on your vehicle, the vehicle's title will reflect the lien on your vehicle.Jan 3, 2022

Is it illegal to sell a car with a lien on it in Canada?

Car dealers registered dealers with OMVIC cannot legally sell a car with a lien on it. When it comes to private sales, if a car is purchased with a lien the new owner can be held responsible for it and there can be more than one lien on a vehicle.Jul 19, 2021

How do you sell a car with a lien in Texas?

Selling a Car with a Lien
  1. Find out how much the vehicle is worth. ...
  2. Find out how much you owe. ...
  3. Sell to a dealership. ...
  4. Get a quote from a dealership. ...
  5. Transfer the loan to the buyer. ...
  6. Use an escrow service. ...
  7. Refinance with a local lender. ...
  8. Meet with the buyer and lienholder.
•
Jul 31, 2019

How much does it cost for a title transfer in Michigan?

$15
There is a basic $15 fee for a title transfer in Michigan. How much is a title transfer can depend on other factors though, and there may be additional costs. You may get an instant title by going in person to a SOS office, and there is an additional $5 charge for that service.

Do vehicle liens expire in Michigan?

The lien expires 7 years after the date of attachment. The lien may be extended for another 7 years by refiling if the refiling is made within 6 months prior to the expiration date of the original 7-year period.

How do you protect yourself when buying a car with a lien?

You pay off the loan as part of the deal.

To protect yourself, be sure to have a signed agreement that spells out the terms of the sale. It is preferable that you pay the lien holder directly and have the paperwork processed while you wait. Never give cash to the seller for this purpose.
Mar 6, 2019

Does a Carfax show liens?

Lien searches will only provide information on liens registered in Alberta. For lien searches outside of Alberta, please contact the jurisdiction directly or request a CARFAX Canada Vehicle History Report + Lien Check report, which can show liens within Canada in addition to other information.

Can you transfer a car with a lien in Ontario?

Yes, you can transfer a car with a lien or outstanding debt. Buying a car with a lien can be a risk. If the lien is not paid, the debt holder has the right to repossess the vehicle from the person who owes the money OR from the buyer of the car.

How do I get my car title after paying it off in Texas?

You will need to:
  1. Schedule a title transfer appointment with the tax office.
  2. Complete the Application for Texas Title (130-U)
  3. Provide your original release of lien letter or document and a valid photo ID.
  4. Pay the $33 application fee for a new title.

What is a release of lien in Texas?

Lenders in Texas customarily use a release of lien when the loan secured by a deed of trust has been paid in full or otherwise satisfied. The release of lien is recorded in the county where the real property collateral is located.

How do I remove a second owner from my car title in Texas?

Simply have the other person sign the back of the title over to you. You can do this in person or via mail. If you are keeping the title and removing another name, visit your local DMV, you'll need to get a new title with new tags.Apr 13, 2020

How can a lawyer help you with a car repossession?

A lawyer for car repossession can help you by figuring out what those options are and provide you with expert advice on what choices to make next.

Can a lawyer represent you in a car repossession lawsuit?

A lawyer for car repossession can represent you in this lawsuit and make sure you don’t miss any court deadlines. This is important because missing a court deadline can result in a default judgment. Default judgments end the lawsuit in the lender’s favor.

What can a lawyer do for bankruptcy?

A lawyer can help you decide what kind of bankruptcy to file. They would also handle all the paperwork, represent you in court, and keep up with all deadlines related to the bankruptcy. Lawyers can help you with every stage of the car repossession process and bankruptcy.

Can a lawyer for repossession change a car loan?

A lawyer for car repossession can’t change any contract terms by themselves or force the lender to agree to any changes.

Can a lawyer change a car repossession agreement?

If you want to change those terms, the lender has to agree as well. A lawyer for car repossession can’t change any contract terms by themselves or force the lender to agree to any changes. If you’d like to change the terms to a car loan, the lender will have to agree willingly.

Can a lawyer represent you in a deficiency lawsuit?

A Lawyer Can Represent You In Any Deficiency Lawsuit Related To The Car Repossession. If your car is being repossessed, the lender may file a deficiency lawsuit against you. A deficiency lawsuit is a lawsuit filed to recover the difference between the value of the car and the outstanding balance of the car loan.

Can a lawyer represent you in court?

Judges have ultimate control over court proceedings. Further, lawyers can’t force them to take your side.

Why are auto lawyers so helpful?

Auto Lawyers are very helpful for consumers who purchased a bad car because they can apply legal pressure on the dealership that sold the bad vehicle. When consumers buy bad or defective vehicles, it may be difficult for them to actually get the dealership to give them what the law entitles them to.

Can you sue a car dealership without a lawyer?

It is usually difficult for a consumer to sue the dealership without a car dealership lawyer by their side. There are several steps that must be taken in order to get the dealership to give you your money back, pay for your repairs, or have you return your vehicle and cancel your contract.

How to sue a car dealership?

We are auto lawyers that sue car dealerships for bad car sale practices. Call us to speak to our auto attorneys immediately if this happened to you: 1 You bought a car and paid more than the advertised price 2 You bought a car and it broke down soon after you drove off the lot 3 You bought a car without being told that it has been in an accident or that it is defective or has frame damage. 4 You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to an exclusion 5 Your vehicle needs to be repaired soon after you bought it, and the problems date back to the date you bought it 6 Your dealer called you to bring back the car because the financing fell through after 10 days have passed from the date of purchase

Can you buy a car without being told it has been in an accident?

You bought a car without being told that it has been in an accident or that it is defective or has frame damage. You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to an exclusion. We protect consumers from bad car sales.

Can a car dealer enforce your rights?

A Car Lawyer Can Enforce Your Rights. A car lawyer can enforce your rights if the car dealer sold you a bad vehicle. It is usually difficult for a consumer to sue the dealership without a car dealership lawyer by their side.

How long does it take for a car dealership to respond to a demand letter?

The dealership usually has 30 days to respond to the demand letter, but they do not always respond. In the event that the dealership gives no response, certain legal steps must be taken to legally force the dealer to compensate you for selling you a bad car. Usually, this is where the auto lawyer files a lawsuit against the dealership.

What happens if you buy a car and it breaks down?

You bought a car without being told that it has been in an accident or that it is defective or has frame damage. You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to an exclusion.

How an Attorney Can Help

At your first meeting, your attorney will gather facts and information from you, evaluate all aspects of your vehicle purchase, identify your options, and explain what you can expect.

Finding an Experienced Lemon Law or Auto Dealer Fraud Attorney

To find an attorney or law firm to help you with your lemon law or auto dealer fraud issue, go to the "Find a Lawyer" box near the upper left corner of this page. You can also search for an experienced Lemon Law or Auto Dealer Fraud attorney near you by using the FindLaw Lawyer Directory.

Can a mechanic put a lien on a car?

In some states, a mechanic may also be able to place a lien on a car. In some states that allow mechanic’s liens, mechanics can place a lien on a car when they perform work and aren’t paid for it within a specific amount of time.

What happens if you have a lien on your car?

A lien on a car gives the lien holder — typically your auto loan lender — a legal right to the vehicle until the loan is paid in full. If you have a lien on your car and plan to sell it, you may need to take a few extra steps in the selling process.

How to find a lien on a car?

Where can I find lien information? 1 Check with your state’s transportation agency. Some state DMV websites allow you to complete online lien searches using the car’s vehicle identification number, or VIN. This 17-digit number is located on the lower left side of a car’s windshield, inside the hood, on the engine or where the driver’s side door closes. It might also be on the car’s registration card and insurance documents. 2 If you have it, look at the car title. If there’s a lien on the car, the car’s title might list the lien holder. 3 Get a vehicle history report. A vehicle history report can provide a lien history, as well as key info on things like odometer readings, any previous owners or major damage — all important to know if you’re planning on buying the car. Vehicle history report providers include the National Motor Vehicle Title Information System, Autocheck and Carfax.

What does a lien on a car mean?

In a Nutshell. A lien on a car gives the lien holder — typically your auto loan lender — a legal right to the vehicle until the loan is paid in full. If you have a lien on your car and plan to sell it, you may need to take a few extra steps in the selling process. And if you plan to buy a car from a private seller, ...

Can a lien on a car affect insurance?

But a car lien may affect the auto insurance coverage you’re required to carry as well as the sales process if you decide to sell your car. For example, if you decide to sell privately, you’ll need to pay off your car loan to get the lien removed from the car title so that the title can be transferred to the buyer.

What rights do you have as a lien holder?

And to further protect themselves, lien holders can require you to have certain types of auto insurance coverage — typically comprehensive and collision coverage — until you pay off your loan.

Can you get a title if you have a lien on a car?

Buying or selling a car with a lien. If you’re buying a used car from a private party and they don’t own the car outright, you typically won’t be able to get the car title until the seller pays off their car loan and the lien holder transfers the title. Similarly, if you’re planning to sell your car, you’ll likely need to pay off your loan ...

How to sue a car dealership?

These are some of the issues that make a case strong when filing a lawsuit against a car dealership: 1 Not disclosing prior engine defects, major repairs, prior accidents, prior frame damage, prior rental use 2 Selling the vehicle for more than the advertised price 3 Collecting deferred down payments 4 Increasing the amount of the down payment from the amount agreed upon 5 Changing the sale price or monthly payments that were agreed upon 6 Failing to disclose the price of a trade-in vehicle in the contract 7 Adding options without disclosing to the buyers 8 Up charging for accessories that weren’t needed and were labeled as “required” 9 Changing the amount of a monthly payment or the interest rate 10 Backdating contracts, where car dealerships ask buyers to come back at a later time and sign a second contract

What is the California car buyer's bill of rights?

Laws in California, like California Car Buyer’s Bill of Rights, are designed to protect innocent consumers and car buyers who think they are getting a good deal when they are actually being sold a car that was in a prior accident, or a vehicle that is defective, or a contract for more than the advertised price.

What happens if you buy a car?

Talk to Our Lawyers that Deal with Car Dealerships If This Happened to You 1 You bought a car and paid more than the advertised price, 2 You bought a car and it broke down soon after you drove off the lot, 3 You bought a car without being told that it has been in an accident or that it is defective or has frame damage, 4 You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to exclusion, or 5 You bought a car and later found out that the car dealer has lied to you.

What happens if you buy a car and it breaks down?

You bought a car and it broke down soon after you drove off the lot, You bought a car without being told that it has been in an accident or that it is defective or has frame damage, You bought a car with a warranty that the dealer won’t honor , or you are being told that your repair is not covered due to exclusion, or.

What happens if you buy a car without being told it has been in an accident?

You bought a car without being told that it has been in an accident or that it is defective or has frame damage, You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to exclusion, or. You bought a car and later found out that the car dealer has lied to you.

What happens if you buy a car with a warranty that the dealer won't honor?

You bought a car with a warranty that the dealer won’t honor, or you are being told that your repair is not covered due to exclusion, or. You bought a car and later found out that the car dealer has lied to you.

Who pays legal fees in California?

Under the consumer laws in California, legal fees are usually paid by the dealership that breaks the law. Typically, when a case goes to trial, the legal fees are awarded by the court. If the case is dismissed or dropped, the client does not have to pay anything.

What to do if you haven't paid off your car loan?

If you’re looking to sell your car but have yet to pay off your loan, the first thing you need to do is find out how much the car is worth and how much you still owe on your loan, also known as the payoff amount .

Can a private seller transfer a car title to a buyer?

Things are a bit more complicated when a private seller still owes money on a car. In this case, the vehicle’s title cannot be directly transferred to the buyer; the loan first has to be paid off.

How to unload a car that is still owed?

Of course, the easiest way to unload a car upon which money is still owed is to simply trade it in or sell it to a dealer, since they’ll handle all the paperwork and ensure the lienholder (usually a bank or credit union) is paid off. Once the loan is paid, that lien on the car’s title can be removed, and the car’s title can be properly transferred ...

Can a car title be transferred to a buyer?

Things are a bit more complicated when a private seller still owes money on a car. In this case, the vehicle’s title cannot be directly transferred to the buyer; the loan first has to be paid off.

How to sell a car on your own?

Selling or buying a vehicle on your own can be a journey to the edge of your comfort zone . Be prepared and communicate clearly. If you’re the seller, be honest with the buyer about any outstanding loan balance and who holds the title. If you’re the buyer, make sure the seller is in possession of a clear title – or make sure you have an agreed-upon strategy to get one – before pursuing your purchase.

What to do if you can't afford to pay off your car loan?

You can find more information on debt relief here. 2. Use an Escrow Service.

Can you give a title to a buyer?

Once you line up a buyer, you’ll have to pay off the money you owe before you can transfer the title, but that creates a dilemma: If you can’t give the title to your buyer, they’re not going to give you money. It’s a tricky situation, but there’s a solution.

What did the plaintiff rely on in the car dealer case?

The plaintiff relied on the representation made by the car dealer; It was reasonable for the plaintiff to rely on the representation made by the car dealer; and. The plaintiff suffered damages as a result of relying on that representation.

What are the elements a plaintiff must prove to sue a car dealership?

The elements a plaintiff must prove to sue a car dealership include: The plaintiff suffered economic damages as a result of relying upon the false representation. Proving all of these elements in court may be complicated and requires the aid of a skilled lawyer.

Can you sue a car dealership for misrepresentation?

Suing a car dealership for misrepresentation may be possible in certain circumstances. If an individual has already purchased a vehicle and later determines that something is wrong with it, they may have a cause of action against the car dealer. In order to sue a car dealership for misrepresentation, the individual must show:

How many elements are required to sue a car dealership?

In order for a plaintiff, or an individual who files a lawsuit, to recover for fraudulent misrepresentation claims, they must prove all 6 elements. The elements a plaintiff must prove to sue a car dealership include: The plaintiff suffered economic damages as a result of relying upon the false representation.

Can you sue a bicycle seller for not working brakes?

For example, if an individual purchases a bicycle with brakes that do not work, they may sue the seller for the cost of the brake inspection. In a breach of contract case that deals with a negligent misrepresentation, damages are typically limited to financial damages.

What is the liability of a car dealer for misrepresentation?

Car Dealer Liability for Misrepresentation When Selling a Vehicle. Vehicle dealers are prohibited by federal law from misrepresenting either the mechanical condition of a vehicle or the terms and conditions or the existence of a warranty for a vehicle. If an individual has relied on a false or misleading claim when purchasing a faulty vehicle, ...

What is the best way to gather evidence of a car dealer's deceptive trade practices?

A lawyer is best equipped to gather evidence of the car dealer’s deceptive trade practices, obtain witnesses to testify regarding the deception, and advocate for the plaintiff in court. Find the Right Products and Services Lawyer. Hire the right lawyer near your location. Find My Lawyer Now!