Title missing on car

[doomed]

Hey everyone, I posted about this in my thread about surrendering my car but it got buried so I thought I'd start a new thread . . .

Our BK closed on November 30. My car was financed thru navy fed CU. I kept trying to get in touch with our "case manager" at the bank but would get her voicemail and she wouldn't return my calls. I wanted to find out how to go about turning over my car that we didn't reaffirm. I bought another car on Friday as I was paranoid about having my car repo'd in the dead of night while pregnant with twins in winter . . but I digress. Yesterday, I finally got HER instead of her voice mail -- and she told me that they don't have the title to my car and converted my loan to a signature loan. Apparently when I refinanced the car (they refinanced their own loan) they released the lien and mailed it to me . . . I don't have the title! So 2 weeks before we filed they converted it to a signature loan. This signature loan was discharged in the bankruptcy.

So . . . does anyone know what happens with the car? Like I said, our 60 days were up on the 30th but the trustee hasn't officially abandoned the rest of our property. Made us clean out our savings and next my husbands last paycheck before filing. But apparently he didn't run a title check on my car as he has no idea.

Any advice on the situation?

[free2breathe]

Do you have an attorney? Might pay to contact them and see what they say. Since the loan was converted and discharged, your car is no longer collateral. It is now your asset, free and clear. I wouldn't want to have the trustee find that out and think you were trying to hide it.

[doomed]

free2breathe, I have contacted my lawyer. He as usual doesn't know what's going on. Waiting to hear back from him, while he runs a title check on my car . . . Meanwhile I've got to get rid of it cause I have no storage for it and if I park it on the road in front of my house it'll get towed because the road is a snow route . .

[beyoka]

the car should be yours as the loan is discharged better consult an attorny , he can deal best with them on your behalf . you are on right , go for it .

[Flamingo]

In order to do anything with the car as to selling or transfer, you need a physical title. See what the attorney says but you will have to go to your Motor Vehicle Division to obtain a duplicate title showing it free and clear of any liens. Best of luck, this may take a while...

[despritfreya]

This new information needs to be disclosed to the Trustee. The vehicle belongs to the bk estate, subject to any allowed exemption. You cannot dispose, sell, transfer etc. the vehicle until such time as the Trustee abandons it (if not otherwise administered by him). Your attorney needs to amend Schedule D, removing the CU as a secured creditor and needs to amend Schedule F, adding the CU as an unsecured creditor. In addition, Schedule C (exemptions) needs to be amended if it does not take a full exemption for the vehicle.

Once you have notified the Trustee, the Trustee will verify that there is no lien on the title and then decide how to proceed.

Des.

[AngelinaCatHub]

In our state (Florida) you can get a lost title duplicate for ten bucks right there in the office, no muss, no fuss. Have the VIN number and your name, tag number helps. If it still has a lien on it, then it would still be secured. The bank has to remove that. It would be up to the Trustee if he wishes to pursue this or abandon it. As Des says make sure you are the one to let your Trustee know of this muddle. Don't let him find out on his own. It is a possibility your case could be reopened. That would not affect your other discharges, but would allow the Trustee to make you an asset case. I'm not sure of that procedure he may not even have to reopen the case to disburse assets. We became an asset case. The Trustee worked with us very well and made it easier to clean up our mess. But we were up front with him right on. That helps a lot. 'Hub

[doomed]

We are already an asset case, and there is no lien on the title, which I had no idea. I let my lawyer know and i'm waiting to hear back from him, on day 2 now . . .

[free2breathe]

While waiting, I would contact the Bureau of Motor Vehicles and get the process started to get the title to the vehicle. That may take some time, unless like Hub said, you can get a duplicate title rather quickly. I hope your attorney gets back to you soon. Of course, with it being the week before Christmas, who knows how soon he'll reply.

[doomed]

Thanks, everyone. I'm going to contact the BMV tomorrow about getting a replacement/dupe title. Obviously I know that the car belongs to the estate, but will we still get to use our car exemption on it?

[free2breathe]

Yes, you should still be able to use the exemption. As Des said, your attorney will need to amend Schedules C, D and F to reflect the new information.

[doomed]

Good morning all, just an update. My useless lawyer finally got back to me this morning and said the car has no lien on the title (Which I KNEW) and that the title is NOT missing. He then said since we've used up all of our exemptions, the car belongs to the trustee.

Funnily enough, we have 10k in car exemptions and we used 5k for my husbands. I am officially reporting my lawyer to the bar and I am going to sue him, I don't care that the trustee would get all the proceeds. He's bungled our bankruptcy royally from start to finish and he's given the appearance of being on the trustees side instead of ours for a LONG time, and now his saying we have no exemptions for the car and it belonging to the trustee is the last straw.

[doomed]

bumping if anyone is still following.. still waiting on my idiot lawyer. Gods I hate him. He was supposed to call us the next day (Dec 30) and DH has called and I've emailed and nothing. He's supposed to be "checking" on our exemptions, how hard is that??? I'm so frustrated, I really feel like he's working against us and for the damn trustee.

Should I just contact the trustee directly, since my lawyer won't respond to me?! This idiot is going to put me into premature labor.

[LadyInTheRed]

The trustee probably will not talk to you since you are represented by an attorney. Keep bugging your attorney. Be persistent. If he says he'll call you on a specific day and he doesn't, call him at the end of that day or first thing the next day.

I don't think you can exempt two cars, unless joint filers can double exemptions in Maine. From Maine's exemption law: "The debtor's interest, not to exceed $5,000 in value, in one motor vehicle." http://www.mainelegislature.org/legi...14sec4422.html

[doomed]

LadyinRed, thanks so much. Yes, you can double exemptions in Maine.