Overhaulin'

I want to sell my car but I still havent gotten the title because of a lien?

btw i'm in florida and they are in new hampshire if that matters My moms friend sold me her car back in July. I never got the title because she said there was a lien on the title, and they paid it all off but were still having trouble getting a new title without the lien. i still don't have it so I cant do anything with the car, and my moms friend still hasn't gotten a new title, even though we've asked her and her husband a bunch of times. i'm also far away from them (at college) with the car. what do I do?

Public Comments

1. Your best bet is to do a title search and insist that the "friends" settle up the account. If the lien is still in force, you will never get it released without them actually paying the bill and that is the only reason for the lien still being in force. You may want to ask your Mom to intercede with the friends, as they did not disclose the lien at the time of sale and this is illegal for them to do. It doesn't matter if they knew about it or not, they are responsible. If they do not agree to get the lien removed you have to get a lawyer.
2. All the seller needs to do is contact her lienholder/bank and have them send the title to her along with a Release of Lien letter. Then she needs to talk to the county/city clerk, and make sure she's filling out the title correctly to your name. A mistake on the form can nullify it, and I'm not sure if NH requires a reissue of title after lien release. * The guy above me is absolutely right, I didn't want to go there, but it's something you should consider.
3. You cannot sell the vehicle without the title. Get the title, then sell it.
4. You want to sell a car that you don't own? Good luck with that. You need to pay off the car, then the lienholder sends the title. Then you can sell it.
5. They need to contact the lender and ask for a duplicate copy of the lien to show that it's been paid off. If the title was lost in the mail, they must get a copy. They can get a copy by using the DMV REG 227 Application for Duplicate Title which previous owner signs and sends to lien holder for their signature as well. And Form REG 262 is a single-page multipurpose form that combines odometer disclosure and bill of sale. Before sending it, fill out the VIN# for them, and your info and signature. Once you have the papers signed by lien holder and seller, you can proceed with those papers now. Transfer fee is $15 + USE TAX + and due registration. In Calif. you must also get it smogged before selling, I don't know about NH or FL rules. Now if they didn't pay it off...that's another story. Because it's illegal to sell a car you don't own. The lender will never give them the title until it's paid in full. You had better find out if they really paid it off.