Wondering about Title Loan

[mizg]

Do you know of anyone who has ever had an auto title loan dismissed successfully in a chapter 7 even though it is a secured loan?

I ask because my lawyer seems to think I might be able to because I did not actually give the PDL store my pink slip as my title is still ownd by Well's Fargo for one more payment.

I continue to pay becaues I don't want to risk it getting repo'd...

Any thoughts?

[keepmine]

Sounds like the title company didn't properly perfect the lein. If that's the case the debt would be unsecured.

[bcohen]

The debt is not secured, unless the payday lender appears on the title as "lienholder". If not, then you can discharge the debt in Chapter 7.

[AngelinaCatHub]

You already have a lien on that Title. However, it would be advisable to pull a lost Title replacement. That negates that Title and trust me they won't give it back anyway and will attempt small claims. My advice is that these loan sharks are just like or are payday loaners. Scan through the conversations about them Ve dunt like dem. 'Hub

[mizg]

Interesting...I went into the PDL place and they have a copy of my registration that they used. When I make my last car payment this month, Well's Fargo said that they would send me the pink Slip. How can the PDL place put a lein on the car then? How does the PDL place put their name on the title?
Thank You so much

[btbeme]

How can the PDL place put a lein on the car then? How does the PDL place put their name on the title?
Thank You so much

They can file a lien electronically against the title with the state DMV. Best way to check is to pull a new copy of the title (the Trustee will want it anyway) and see who is listed.

A lien that isn't recorded on the title isn't perfected and will likely be discharged. In fact, payments made to an unsecured creditor might be retrieved from said creditor if the Trustee deems it worthy. But if the PDL place is advised that their lien is unsecured, you might expect to see them at your 341 making a stink...