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  1. #1
    Join Date
    Feb 2019
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    2

    Default How to Get a Bogus Lien Removed from a Car Title

    My question involves civil rights in the State of: California

    in march 2016 I purchased a jeep for myself and I was going thru dui classes to get my license back after 27 years. when I registered the jeep I put a friend down as lien holder in case I ever got pulled over then he could get it out without having to wait 30 days etc, remember, I trusted him at this time. we had only been together since 11 2015. 6 weeks ago I requested paperwork to get registration history from sac because I knew he forged my name. since then I have been trying to find my title for the jeep which I know I had in my possession at one time but now is no where to be found.

    in order to get a duplicate title I need his signature. and that has to be notarized. I messaged him on facebook and asked him to go to a a ups store close to where he was so it wasn't a big inconvenience and sign the lien release I had left there and paid for. 2 days I waited he never answered me about it and didn't sign it. so the third day I found a mobile notary and had him meet me where I knew he was but I had to ask if he was willing to sign before the notary would even get out of the car. When I asked him to please sign the paper he said, I got a paper to show you and showed me the copy of my request for copies of title changes and muttered something about me having a hold on his truck. so what can I do, anyone know?

  2. #2
    Join Date
    Sep 2005
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    98,825

    Default Re: How to Get a Bogus Lien Removed from a Car Title

    If your friend won't discharge the lien, you can sue him. You can sue him for money damages and hope that inspires him to sign a release, or you can file a more complex lawsuit to try to clear the vehicle title. The problem with the first approach is that your claim is not actually financial in nature; the problem with the second is that you're likely to find that you need help from a lawyer, and that gets costly in a hurry.

    Perhaps you'll be lucky and he'll decide to cooperate.

  3. #3

    Default Re: How to Get a Bogus Lien Removed from a Car Title

    You have the option of filing and serving upon the lien holder an action to quiet title to personal property. * Which would be for the purpose of being able to present to DMV a certified copy of a court order declaring that you are the legal owner of the vehicle and that your title is free and clear of any and all adverse claims, liens or interests.

    But how you would go about proving to the court that the subject lien of record is bogus, fictitious or fraudulent, when you knowingly and purposely created it with the admitted intention to avoid attaching creditors - known or unknown - AND escape facing dismissal because of the "clean hands doctrine", would be interesting to observe.


    [*] California Code of Civil Procedure Section 760.10(b) et seq.

  4. #4
    Join Date
    Mar 2013
    Posts
    16,669

    Default Re: How to Get a Bogus Lien Removed from a Car Title

    This is how she got into this mess.

    https://www.expertlaw.com/forums/sho...t=#post1111390

  5. #5
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    Default Re: How to Get a Bogus Lien Removed from a Car Title

    Quote Quoting latigo
    View Post
    But how you would go about proving to the court that the subject lien of record is bogus, fictitious or fraudulent,....
    Nobody has to explain to the court why the lien was created. The issue for the court is whether the lien is valid.
    Quote Quoting latigo
    ...AND escape facing dismissal because of the "clean hands doctrine", would be interesting to observe.
    Why do people imagine that courts routinely check litigants hands and fingernails for cleanliness before enforcing the law? Unclean hands is an affirmative defense, meaning that it must be raised and proved by a defendant or it is waived. It is also not the case that a plaintiff will be denied relief in court based upon any proof of past misconduct that relates to the claim -- the unconscionable, bad faith, or inequitable conduct must be directly related to the matter in which he seeks relief, such that it would be inequitable to grant relief to the plaintiff against the defendant. It is not sufficient for a defendant to merely claim "Both of us were involved in a fraudulent transaction" to prevent a court from finding for the plaintiff, and even with a finding that both parties engaged in fraud the court may still grant partial relief -- e.g., no money damages, but the discharge of the lien such that the state's record of title may be made accurate.

  6. #6

    Default Re: How to Get a Bogus Lien Removed from a Car Title

    You know perfectly well that should a suit be brought to remove the lien, or one to enforce it and it was made to appear that it was fictitiously placed for the purpose of defrauding creditors and the parties are in pari delicto that a court could decline to lend its aid to either party.

    And I wouldn't be referred to as the "clean fingernail doctrine".

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