Results 1 to 5 of 5
  1. #1
    Join Date
    Jun 2012
    Posts
    3

    Default Bought a Vehicle That Still Has a Lien on It

    My question involves vehicle registration or title in the state of: connecticut

    Hello, i'm french and i live in Dominican republic, i was to buy and bring back with me a POLARIS RAZOR but i didn't know everything of a sale in USA, this type of vehicule doesn't have title but the seller lied to me saying this vehicule was paid in full an telling he could give me a lien release and the original of the Certificate of origin when Sheffield Financial (the loan company he used) would give it to him, 6 to 8 weeks later...Then, the lien release he gave me was of another vehicule and now he doesn't want to talk with me on the phone! i've contacted the company and they said to me that he still own money on this vehicule. i've got the bill of sale, the registration of DMV, but without the certificate of origin and the lien release i can't send it to Dominican republic...My questions are :
    - Could he sell me the vehicule without finishing to pay it or is it a fraud?
    - Should i go to the police or an attorney?
    - what do you think i could do?
    Thank you in advance

  2. #2
    Join Date
    Jan 2006
    Posts
    21,236

    Default Re: Bought a Vehicle That Still Has a Lien on It

    I do not know if Connecticut issues titles for such vehicles Many states do. It would appear part of your problem resulted from the original buyer not obtaining a title. If he had, the lien would have been listed on the title.


    - Could he sell me the vehicule without finishing to pay it or is it a fraud?
    IF he sold it to you with you having the knowledge their was a lien on the title, there would be noting illegal about it. Often times the proceeds of the sale are what is used to payoff the loan the lien is for. If there is a lien and he lied to you about it, then there is a problem.


    - Should i go to the police or an attorney?
    While it could be considered to be criminal as well as civil, I suspect the police would simply tell you to deal with it in the civil courts. You can always call them and ask.

    - what do you think i could do?
    You need to seek to rescind the sale or demand he payoff the loan so the lien will be released. If he will not speak to you, you might try paying a lawyer to send him a "scare letter" (that's where the lawyer threatens to sue if the situation isn't remedied), or you could send a scare letter or simply sue him in the appropriate court.



    the registration of DMV,
    how is there a registration of there was no title issued?
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  3. #3
    Join Date
    Jun 2012
    Posts
    3

    Default Re: Bought a Vehicle That Still Has a Lien on It

    Thanks for your reply, it appears that for this type of vehicule doesn't have titles but certificate of origin, he said to me that he didn't have it but that the lien was paid in full, he registred it with the copy of the certificate of origin, but the lien is not paid yet...
    What is rescind a sale?
    being a foreigner could i sue him? would be the cost worth? he doesn't seem to be scared from a attorney, he told me to send mine the last time i spoke with him...
    You tell me that if he lies to me about the lien there is a problem, but is it forbiden to sale a vehicule with lien? because he could tell the court that he told me, and it would be his word against mine...

  4. #4
    Join Date
    Jan 2006
    Posts
    21,236

    Default Re: Bought a Vehicle That Still Has a Lien on It

    a certificate of origin is what the manufacture provides to the first owner. It is what is required to file for a title. You might look at it as it is the manufacturers title. You take the C of O to the DMV and file for a title. The state then creates a title and sends it to the owner or the lien holder (depending on what state it is). In Connecticut, the lien holder retains the title until it is paid.






    What is rescind a sale?
    to undo the sale where the parties are returned to the condition they were prior to the sale.

    being a foreigner could i sue him?
    yes. You are not barred from the courts because you are not a citizen.


    would be the cost worth?
    I have no idea. I don't know what the cost of the vehicle is and I do not know if you are in Connecticut and able to attend court there.

    You tell me that if he lies to me about the lien there is a problem, but is it forbiden to sale a vehicule with lien?
    Yes, it is a problem. A person can buy a vehicle or anything else subject to a lien, if they choose. The problem here is you were specifically told there was no lien which means he falsely represented the title. That allows you to sue to rescind the sale.

    It may also be considered a crime. It is up to the prosecutor to determine if it was and if they will prosecute the matter. I would surely contact the police and at least attempt to initiate a criminal investigation. They may simply tell you it is a civil matter though.

    because he could tell the court that he told me, and it would be his word against mine...
    unless it is stated as such in the contract or bill of sale, I do not believe the courts would believe him. They like to see things like that in writing.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

  5. #5
    Join Date
    Jun 2012
    Posts
    3

    Default Re: Bought a Vehicle That Still Has a Lien on It

    Thanks for your advice, my problem is that i'm not in united states, i couldn't attend court...
    What if i sell it another time telling there is a lien on it, could the new seller have problems for example with the company of the lien if the person who sold to me doesn't finish to pay the vehicule?
    Do you know any attorney i could submit my case to see if is it worth tu sue him?

    1. Sponsored Links
       

Similar Threads

  1. Sales Agreements: Bought a Vehicle; Later Discovered VIN on Title Does Not Match VIN on Vehicle Chassis
    By shawnkirkham131 in forum Cars and Dealerships
    Replies: 8
    Last Post: 09-04-2011, 06:14 PM
  2. Bought a Car with a Lien on the Title but It's Paid Off
    By Kstee1 in forum Personal Property
    Replies: 1
    Last Post: 12-21-2010, 08:00 PM
  3. Bought Car in Another State with Undisclosed Salvage and Lien
    By mosdef in forum Cars and Dealerships
    Replies: 3
    Last Post: 11-28-2009, 09:11 AM
  4. Liens: Bought Used Car, Lien on Title
    By mlaro in forum Vehicle Registration and Title
    Replies: 1
    Last Post: 08-24-2009, 02:09 PM
  5. Liens: Bought Car, Has Lien, DMV Cancelled Issued Title
    By gango in forum Vehicle Registration and Title
    Replies: 6
    Last Post: 02-09-2009, 01:30 PM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Find A Lawyer - Free, confidential referrals.
Legal Forms - Buy easy-to-use legal forms.




Untitled Document