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How to get vehicle lien released after claim paid in full?

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    How to get vehicle lien released after claim paid in full?

    I entered into ch. 7 bankruptcy with my vehicle having 2 years left to pay on it; this was 3 1/2 years ago. The vehicle has since been paid off in full through the bankruptcy plan, and Bank of America continues to hold a lien against my title because my bankruptcy has not been discharged through the courts. My attorney told me that it's completely up to B of A to release the lien and his records show that the vehicle is paid in full, plus he can provide me with the records that can be shown to B of A proving that the vehicle is paid in full.

    I have called B of A twice now, and they refuse to release the lien because they claim that my bankruptcy could still be dismissed, and as such B of A can still repossess my vehicle.

    Do I have any options? This vehicle is parked in my driveway - broken down and not driveable. It is now an 11 year old vehicle. I live in Texas and this is where we filed bankruptcy. I am in desperate need of another vehicle. Has anyone had this situation and do you have any advice?
    Thank you!

    #2
    I got both titles to my vehicles right at or just before my discharge. One of which I paid less then half of what was owed. I don't see how the BK in any way affects the lien release, the lien is only there to cover the money you owe them, after they get their cash they have no claim to the car.

    On another note did you mean ch13 BK cause a ch7 going on for 3+ years while not unheard of, is insane.
    3/2/09- Filed: chapter 7 / No asset
    4/1/09- 341 Hearing: 1 creditor showed up Got to love family feuds
    4/2/09- Trustee Report of No Distribution Filed
    6/24/09- Discharged and case closed

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      #3
      I do mean Ch. 13

      Not chapter 7.

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        #4
        If your in a 13 then your attorney should still be involved, however little, in your case. As such contact him and ask if he can draft a letter to BOA to release the lien on the car that is fully paid off and has been paid off. The case (possibly, however unlikely) being dismissed gives them no right to repo the car after you have fully paid it off.
        3/2/09- Filed: chapter 7 / No asset
        4/1/09- 341 Hearing: 1 creditor showed up Got to love family feuds
        4/2/09- Trustee Report of No Distribution Filed
        6/24/09- Discharged and case closed

        Comment


          #5
          I decided just to call BOA one more time to ask again if they would release the lien on our title so that it would be free and clear. I decided I would ask to speak to a manager who could make the decision instead of whoever answered the toll free number. As soon as I gave that person my account number and name, she placed me on hold. A couple of minutes later, she said that another BOA rep would be calling me back shortly. Within 10 minutes, the BOA rep called to tell me that they would release the lien and they would be sending me the title through the mail. I got it about 10 days later! Now, to find a lender ....the joy.

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