Legal Question in Bankruptcy in Illinois

Lien on Car Title

I've paid off my car loan from Nissan Motor Acceptance Corp (NMAC) in Nov 2005. Never received title to the car of which I still own. Learned recently that I will get a copy of the title with ''NMAC'' listed also as the owner, and then must go to the Dept of Motor Vehicles and pay a fee to remove ''NMAC'' from the title, leaving me the title free and clean. NMAC rep said this is standard procedure when you secure financing through the auto corporation. Is this right? If not, what should I do?

Asked on 9/11/07, 8:39 pm

1 Answer from Attorneys

Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Lien on Car Title

I think NMAC isa correct. NMAC should mark its lien as released on the face of the certificate of title they send you. You do not have to submit that released certificate to the secretary of state, or pay its fee, to get a new certificate of title without the notation of NMAC's lien, but you should, in my view. It is worth a small fee, and you will not have to worry about losing the certificate of title containing NMAC's signed release, which until you deliver it to the secretary of state is your only proof of the release of the lien.

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Answered on 9/11/07, 10:14 pm

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