Legal Question in Consumer Law in Illinois
I am a lienholder on a 2009 automobile title. I financed this vehicle by a promissory note for my son's former fiance'. She has sinced moved from Illinois to missouri. She applied for Missouri plates and title. She sent me a form from the Missouri dept of revenue DMV requesting me to surrender title. I am holding title along with promissory note, and am afraid if I give up title, and she winds up with it, I am going to have a problem if she defaults on note. Am I legally obligated to send them the title?
1 Answer from Attorneys
I don't know what happened to my computer but if you get a garbled answer my apologies. The first thing to do is look at your promissory note. If it does not talk about its being secured by a lien on title then she simply consented to your placing a lien on the car when it was in Illinois, and you'll need her approval to place a lien on the car in Missouri, unless perhaps the note required her to keep the car in Illinois or, conversely, not take it permanently out of state without your consent..... Of course with her moving it would be simpler if she could pay you off through a car loan replacing yours, but if she can't she can't.
You should talk to her about taking a lien in Missouri. If she refuses, you may need to take the note to an attorney to verify what rights and obligations you have. But simply refusing to engage in the process may be the wrong thing.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is currently licensed to practice law actively only in the State of Illinois, inactively in Florida. Responses are based solely on Illinois law unless stated otherwise.
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