vehicle transfer

[bombguy1226]

Can I transfer the interest in my vehicle by way of a lien while the vehicle is in the custody of the Sheriff? DMV did not have a problem and issued a new title with the lienholder. My arguement is that I am still the owner.

 

[Theresagail]

Lien holder and owner are 2 separate things-- if there is already a lien holder on the title then no you can not redo the title so you are lien holder -- the lien holder needs to release the lien thru the Dmv-- even if you get a duplicate title -the title will go tot the lien holder. The lien holder supersedes the owner until they release their interest in the car.

 

[bombguy1226]

I had placed the lien on the vehicle as collateral for a loan from a friend. The opposition is stating that it was done illegally as the vehicle was seized by the time DMV recorded the lien. It is my arguement that I am still the owner and the vehicle. I am basically asking is what I did illegal? I was told by the sheriff that I cannot transfer the ownership in an attempt to thwart their ability to recoup $$.

 

[Theresagail]

Depends on the time line-- if you had sent the info in to the DMV before they seized it then no it is not illegal (i.e. date on the title when you signed it) -- if you did it after then-- then yes I would assume it is illegal as this car was not your friends to take a loan out on it-- however I would think this is your friends problem he is the one that put his car up for collateral knowing it had been seized.

 

[Theresagail]

Also a thought-- If you are the lien holder you will be the one responsible to pay the fee's etc.. to get the car back-- so if the sheriff office wants to -they can give you notice of impound charge you fee's of impound and storage to get the car other wise they dispose of it-- just cuz your the lien holder does not mean you will be able to walk into a impound lot and drive off-- you will have to pay any fee's to get it back--- I would be mad @ the friend vs the sheriff.

 

[bombguy1226]

Paperwork was sent to DMV almost 2 full weeks before vehicle was seized but the new title was issued 3 weeks after the seizure, what is your thoughts, legal of not legal?

 

[Theresagail]

Not illegal, do you have a copy of the title (when you signed on it?) This will be your proof you did nothing wrong. If they keep giving you a hard time send them a copy of your proof that you did not do anything wrong besides borrow your friend $$ and tried to secure your interest in the car.

If you have no proof call the DMV or go in there and talk to a supervisor-- and try and get a print out of when they received the title etc..