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  1. #1
    Join Date
    Aug 2009
    Posts
    1

    Default Is Creditor Required to Have a Perfected Lien on the Title in Order to Repo

    My question involves an auto loan or repossession in the State of: NM

    I am behind on my car payments and the creditor has threatened reposession. However, I have the title to the car in my posession and the creditor does not have a lien recorded on it. The title does not show any lienholders. QUESTION: Does the creditor have the right to repo the vehicle without holding the title or without a lien on the title?

    Dave / NM

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,084

    Default Re: Is Creditor Required to Have a Perfected Lien on the Title in Order to Repo

    The fact that your copy of the title doesn't reflect a lien does not mean that, in fact, a lien was not filed and perfected after that copy was prepared. What does the DMV have to say?

    You also may have contracted with your lender to cooperate with the recording of liens, and to permit repossession even if there's a mistake in recording the lien - so read your contract.

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