Legal Question in Consumer Law in Wisconsin

Can a bank repossess my car if the title does not have a lien on it?


Asked on 12/14/10, 10:26 am

1 Answer from Attorneys

JAY Nixon nixon law offices

.Usually there would be a title lien before a bank would repossess a vehicle, but it is also technically possible to seize cars and other personal property (if it is not properly claimed as exempt) on the basis of an unsecured judgment as well. Another possibility is that the paperwork was simply not yet processed which would normally have placed the lien upon the title in a situation where a proper security agreement is in existence. Such an agreement would still be enforceable against the borrower if he did not properly defend himself. However, if the lien was indeed not properly perfected within the time limits, it may be possible to discharge the secured claim in bankruptcy and keep the vehicle (or purchase it from the bankruptcy trustee at a lower price than what is owed). If you are facing such problems, you should therefore immediately consult with an experienced bankruptcy attorney. My comments here are not intended as legal advice but rather are offered only for public educational purposes. My response here is therefore does not create a traditional attorney client relationship, although I would be more than happy to discuss possible representation with you via a private email, phone call or via the inquiry link on my office website.

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Answered on 12/21/10, 5:02 am


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