Repo of a Vehicle If I Have Clear Title

[jen]

First off let me explain my situation. I got divorced in Arizona but now live in Texas since 2006. I have a 2006 vehicle that i am behind on the payments by 4 months. The loan is in both our names but i was awarded the vehicle in the divorce. When i went down to the registration office to put vehicle in my name only they did not put that their is a lien holder and so now i have a clear title to this vehicle by mistake. Lienholder is aware of this when it happened and sent me numerous letters to go have them put back as lienholder but i just never did. Mind you this has been going on since 2006 and i have continued to make payments until now..I am unemployed with a lot of debt because of divorce.I wish i could pay it but my life is hell right now.

My questions are these:

Can the finance company levy my bank account if i don't pay them? I have moved a lot and they (finance company)don't know where i(or the vehicle) am at right now.

Can i sell the vehicle since i have a clear title?

Can they even repossess it legally if i have a clear title?

I told my ex i was having problems paying for it and if he wanted to save his credit he needed to pay the note. My credit is already shot so doesn't matter to me.

And If they file a judgement on me i have nothing for them to take either.

Thanks for any help.

[Mr. Knowitall]

Generally speaking, to levy a bank account they must first get a judgment. I don't know if you've contractually granted them the right to levy any particular bank account.

If you have clear title then you most likely would be able to sell the vehicle; that wouldn't erase your debt and you may create other legal problems for yourself by doing so.

You probably contractually granted them the right to repossess in the event that there's a problem with the lien, particularly where you refuse to cooperate in correcting the problem. Read your contract. They also may have a right to repossess by virtue of a purchase money security interest, as presumably this is the loan you used to acquire the vehicle.