Chap. 13 dismissed. Truck was re-affirmed. Title for truck!?

[JoeyK]

We were dismissed about 7 months ago, and we are about ready to buy a car, and the only way the bank would give us a loan for a decent rate was to have down, or trade my current truck in. We can do either or, but trading the truck in was always the intention. My question is, and I never thought about it until tonight when we were about to go to the dealer, I can't do anything without the title, because the bank no longer owns my vehicle.

Well was our original lien holder, they won't even talk to me about it. I will contact my trustee and lawyer in the morning..

But does anyone have any idea where I need to go to get my title? Do I need to file some paperwork somewhere?

Thanks for the help!

[AngelinaCat]

We need clarification. Were you actually DISMISSED, or DISCHARGED?

These two terms mean entirely different things, and what the actual outcome of your case is, will determine how the membership can respond to your questions, and what recommendations they can make.

Unfortunately, some people use those terms interchangeably, when they are not.

Welcome to the Forum, BTW.

[Pjmax]

In addition to ACat's inquiry, I'm a little confused. With whom did you reaffirm the auto loan? If the original lien holder no longer has the lien, who does? Where have you been sending payments to? Are the payments current?

[JoeyK]

Discharged. We are done.

The truck was reaffirmed through the bankruptcy. We were given a couple different options, and that made the most sense. Wells Fargo was listed on our statement received from the trustee monthly. It was paid off for the full amount of $17,570 in June of 2011.

We never received a title, and Wells Fargo either refuses to talk to me, or just doesn't know. I'm assuming they are in possession of the title, but at this point I'm not sure.

[despritfreya]

You did not reaffirm the loan. You paid the secured claim in full through the Chapter 13 Plan. Upon entry of discharge the lender should have taken steps to issue clear title. Go back to your attny and ask him/her to send a demand letter to the lien holder.

Alternatively, if you have a PACER account pull up your case and check the Claims Register. Located the Wells Fargo proof of claim. Download the claim, located the phone number for the creditor and call it. You will most likely get what you need by communicating with whomever filed the claim. If the account was transfered by WF to some other "lender", there will be a Notice of Transfer of Claim. Download that document and call the new lender.

In all likelihood, the issuing of the lien release slipped through the cracks and you just need to get to the right person at WF. Getting to the right person is the problem.

Des.