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  1. #1
    Join Date
    Mar 2011
    Posts
    3

    Default Used Car Title Appeared Clean at Sale, but There is a Lien

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

    I bought a car from a gentleman and there is no lein on the title or notification given of a lein and was notarized as such.

    Did some work on the vehicle and went to apply for the title in my name 6 weeks later. When I did there was a lein on the vehicle much to my surprise.

    Lein is in place by department of economic security which I believe to be food stamps/ child support. How can a notarized title without a lein showing all the sudden have a lein and Im responsible? Any legal ground by me against lein holder? I dont trust the guy i bought it from will have the money if he is not paying child support.

    Any help is appreciated.

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Title with No Lein at Sale Now Has Lein

    a lien can be filed at any time. No lien on the title in your hand also doesn't mean there isn't a lien. It just means that title was issued prior to the registering the lien and either the owner has not obtained an updated lien or they showed you an outdated title.

    You are going to have to find out when the lien was filed compared to when you purchased the vehicle.

  3. #3
    Join Date
    Mar 2011
    Posts
    3

    Default Re: Title with No Lein at Sale Now Has Lein

    If it was filed in the six weeks after I purchased it, do i have any recourse? if so what means?

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Title with No Lein at Sale Now Has Lein

    HHmm, is there a reason you did not apply to transfer the title sooner than that? Is there a legal requirement in Colorado of how soon you are to apply for a new title?

    If there is a time limit to applying for a new title and it was less than the 6 weeks, you may have difficulty getting rid of the lien. About all you can do is take your receipt (hopefully notorized to prove the date) showing you purchased the car before the lien was registered and as such, not subject to the lien.

  5. #5
    Join Date
    Mar 2011
    Posts
    3

    Default Re: Title with No Lein at Sale Now Has Lein

    not sure ill have to look into that, i just did the work and wasnt thinking....finally got it running correctly and then went to get the title.

  6. #6
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Title with No Lein at Sale Now Has Lein

    You can try to get the lien removed voluntarily by the agency responsible. If that does not work, you would have to sue that agency to get the lien removed.

  7. #7
    Join Date
    Mar 2009
    Location
    Key West, FL
    Posts
    2,350

    Default Re: Title with No Lein at Sale Now Has Lein

    This is why there is CarFax and Autocheck.

    You might be able to get criminal charges issued against the seller. This is fraud. If not, you'd have to sue to recover and void the transaction on the basis of fraud/misrepresentation.

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