Legal Question in Constitutional Law in Georgia

Car Titles

Do i still have to pay my car off if i received the title from the DMV with me listed as the owner and no one as a lien holder? It appears as though i purchased the car directely from the dealer.


Asked on 8/05/03, 2:24 pm

3 Answers from Attorneys

Wayne Wisong Wayne Wisong, Attorney at Law

Re: Car Titles

Not likely. It is sort of like complaining about airport noise when you buy next to a commercial airport. You are said to have "assumed the risk", in this case, golf ball damage instead of noise. Unless you can show that the particular golfer involved was so terrible, drunk, etc., as to be negligent, there is not a lot you can do except file a claim with your car insurance, etc. It is possible, but not likely, that the agreement you reached with the person to pay that was later reniged is enforceable.

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Answered on 8/05/03, 3:11 pm
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Car Titles

I am sorry. I sent an answer to you that was intended to answer somebody else's question.

If the dealer/financing company failed to perfect the lien on the title, then the car would not itself be subject to the debt, meaning they could not directly reposses it, etc. However, you would still be personally liable to the lender under your note and lending agreement. If they ever get a judgment against you for unpaid debt, they could then seek levy, garnishment, etc., of any property, including your car, but it would be much more cumbersome and time-consuming for them.

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Answered on 8/05/03, 3:18 pm
Regina Mullen Legal Data Services, PLC

Re: Car Titles

Also, (and confirm this with a local lawyer), the car finance company may have a clause in your loan documents REQUIRING you to assist them by making sure that your title reads as it should, as a condition of the loan, stipulating to collateralization of the car. It would then be a simply matter for them to go into court to force you to add the loan collateralization to the title.

You may have undertaken an affirmative duty to cooperate with them to set the title straight, so check your contract before you celebrate.

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Answered on 8/05/03, 6:59 pm


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