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Title loan without a lien on title.. Unsecured?

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    Title loan without a lien on title.. Unsecured?

    Something I was wondering about - about a year ago I took out a title loan and up until filing had been paying on it. (Filed Ch7 Pro-Se in Arizona) Actually accidentally sent them a double payment just before I filed even.. Anyway, just recently came to my attention that they had never placed a lien on the title. So, I have the regular purchase loan on the vehicle, which the remaining balance is just slightly above the current value of the vehicle, and the title loan which was listed on Schedule D but having the total amount being unsecured. Purchase loan was reaffirmed (I wouldn't have but solid, reliable, maintained vehicle within a year of being paid off) and haven't heard a thing from the title loan company since they "mistakenly" took a payment on it two months after I filed. They claimed they didn't receive notification, but thought it was funny that they skipped a month. Anyway, now my concern is, do they legally have any legal right to the vehicle? On the filing I listed their entire balance as unsecured, and I have the MVR showing only the one lien. But, I don't expect them to just give up, or knowing that they intentionally took a payment after being notified that I filed wouldn't be surprised if they tried to come take it. If they do still have some right somehow, I have no problem paying, the balance s low enough that I can knock it out pretty quick if needed. But, since I have paid them probably 3x the original balance in interest, I'd rather not give them any more! So, no lien, on Sched D as entire balance unsecured, do I even give it a second thought?

    - Greg

    #2
    Totally unsecured.

    And there is nothing wrong with a creditor accepting a payment you send to them voluntarily. The debt will be discharged.
    ~Staci
    Not an attorney, and never played one on tv. My responses are based on my own experiences & personal opinions.)

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      #3
      Awesome that's what I thought. Oh and I know they would gladly take a payment that was offered - but in this instance they actually debited it themselves. They stopped the automatic payments when I sent a manual payment before I knew I was going to be filing (The one that went 2x) didn't take any of the biweekly payments after receiving notification, then mysteriously started again. Said they would continue until they received notification that I filed, so I faxed it to them and nothing since..
      My dealings with them have been pretty straightforward, but hearing horror stories from other people (And, well, knowing my luck) I just expect them to cause issues!
      I am getting down to the last couple days and just thinking of what could still go wrong! Thanks again!

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