Legal Question in Bankruptcy in California

Can a car be repossessed without a title?

I filed chapter 7 bankruptcy last year and just found out that my car loan (a refinance) was dismissed as part of the bankruptcy. On top of that, I discovered that when I re-financed the car 2 years ago, the new bank never took possession of the title. I am listed as the registered owner on the vehicle and have just requested the title from the dmv which I should be receiving shortly. My question is, if my loan was dismissed and the bank does not hold the title, is there any reason for me to continue making monthly payments? Can they repossess or do anything if I stop paying?


Asked on 8/15/06, 12:59 pm

1 Answer from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: Can a car be repossessed without a title?

If the car loan were discharged, then you should return the car to the purchase money lender if it demands the car's return. Game playing could only lead to trouble and legal bills. They can always try to get a a duplicate title, or correct the mistake that the DMV made. I'm usually fairly pragmatic.

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Answered on 8/15/06, 1:11 pm


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