Legal Question in Bankruptcy in Maryland
Transfer of Auto Title
I have a car with the title signed from the owner. But when I tried to register the car in my name, MVA stated that there was a lien against the vehicle and I could not register the car. The previous owner had previously declared bankrupty prior to turning the car over so she does not owe anything on the vehicle because the loan was covered under the bankruptcy. How do I get the car registered in my name?
2 Answers from Attorneys
Re: Transfer of Auto Title
While the car lender cannot sue the former owner for the debt because of the bankruptcy, the lien still passes through, and the lender can repossess the car if the payments are not made (and under some circumstances even if they are). You need to resolve the lien with the lender.
Re: Transfer of Auto Title
Filing for bankruptcy does not automatically discharge secured debts. I'm unclear on what you mean by "turning the car over" but if the owner did not surrender the car to the lender, the secured debt and associated lien are still valid.
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