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by mARY rATLIFF on March 16th, 2006

mARY rATLIFF

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If I have a clear title, but I know that a lien exists, is it still legal to sell the car? Does the DMV have the lien on record?

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  • by Nquizitiv1 on April 4th, 2006

    Nquizitiv1

    Actually, your (very good) question is tri-fold. [Before delving in here, I must make the assumption that we're talking about a "personal" lien, as I know of no commercial lender that would surrender the title without having been paid for the vehicle.] But in any case: First of all, the DMV does not concern itself with individuals' financial matters and therefore, it does not care about who or how much you owe them for your car. However, YOUR name must be on the registration in order to sell it, because you won't be able to transfer the title (sell it) otherwise. Lastly, if you are the REGISTERED owner and you DO have the legal title to the vehicle, then sure, you can sell it fair and square as far as the DMV is concerned... but whoever owes money for the car will most likely be sued in small claims / civil court by the lienholder for the remaining balance of the lien.

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