Legal Question in Real Estate Law in California

I live in so cal, i bought a car a year ago it was a lien sell, I paid all the fees and was to get it smog check well i put it off and the car isn't drivable , I went to junk it and lost the paper work, I went to the dmv to get a copy, they would not give me one because it was a lien sale and I did not smog it, can I or my wife put a lien on it so i can sell it. thank you


Asked on 3/15/12, 6:54 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You can't "put a lien" on property you own. A lien is a creditor's interest in property it has accepted as collateral for making a loan. Further, I don't think this is the solution to your problem. I think your starting point is to try to find the lost papers. If you can't, your next step is to go back to the DMV with a full explanation of your problem, and ask them for a detailed explanation of how to solve your problem and make the car saleable. It may turn out that your only recourse is to see the car for dismantling and scrap. I hope you didn't pay much.

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Answered on 3/15/12, 8:26 pm


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