Legal Question in Credit and Debt Law in Florida

lean on car

I have really bad credit, so when I purchased my car my credit was so low it had to go under my mothers name. The car was recently paid for in full, so my mom wants to put the car title on my name. Am I at risk at my car getting a lean put on it, if the title is own my name? Should I quickly sell it when the name of ownership changes? If she gives it as a gift are my chances better? What would you advice me to do?


Asked on 12/16/07, 2:18 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: lien on car

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

More information is needed in order to provide any useful answer. In Florida the first $1,000.00 dollar in equity on a car is exempt from creditors. If the car is worth $1,000.00 or less, than there is no risk in putting it in your name. If it is worth more, than a creditor can levy on the car to satisfy a judgment.

If monies are owed to Mom, she can transfer the title to you but retain a lien for any monies that are owed to her. That way, she will have a secured interest prior to that of any other creditor should it ever become an issue. You should consult with an attorney to help you structure this properly.

Scott R. Jay, Esq.

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Answered on 12/16/07, 8:50 pm


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