Legal Question in Real Estate Law in Pennsylvania
I took out an auto loan to buy a car from a person, my bank paid of the remaining balance of his lease and he gave me the car and the keys, but I do not have the title. I have a signed BOS that we wrote up and I am in possession of the title in his name. I need to have the title signed over to me, but he no longer answers my calls or emails. My bank is asking for the title because they are the lien holder. What are my options?
1 Answer from Attorneys
I am puzzled - do you have or not have the title? If his lease company had the title, then the lenders should have been contacted and it should have been arranged for his lease company to speak to your lender about recording the title in your name and listing your bank as a lender thereon and having the title sent to the bank. Your bank was stupid for lending you money without doing this.
If the seller's lease company sent you the title, albeit in his name, there may be a way to get the DMV to record the title in your name if you show them the bill of sale and have a lien release letter from the seller's lending company. In that case, talk to the DMV about doing that.
If you don't have the title, then you are probably going to have to get a lawyer to send him a nasty letter and direct him to sign the title over to you. You can then record it and your bank's lien at the DMV. Failing that, you may have to sue him.