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Truck I bought had a lien..now facing some issues

Discussion in 'Ask An Owner Operator' started by Peterbiltt, Apr 14, 2019.

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  1. Apr 14, 2019 #1
    Peterbiltt

    Peterbiltt Light Load Member

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    Aug 21, 2014
    Ontario Canada
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    well i don't know if this is the right thread to post it in but here's the story
    i bought a truck from a guy who was sick or whatever he promised me everything was good and yes its my fault, i didn't get a carproof to check for liens. long story short truck got in a accident and its totaled and the insurance company pulled out the lien and told me to resolve it for any payout. I went to the company and they said they wont release anything they will talk directly to the previous owner. The previous owner had a dispute with the company that put a lien and he said he is putting his lawyer on the case. What can i do, any advice for someone whos been down this path?
     
    Peterbiltt, Apr 14, 2019
    Peterbiltt, Apr 14, 2019
    #1
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  3. Apr 14, 2019 #2
    Scooter Jones

    Scooter Jones Road Train Member

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    The seller knowingly sold you the truck without revealing there was a lien on the truck? Did you pay cash?
     
    Last edited: Apr 14, 2019
    Scooter Jones, Apr 14, 2019
    Scooter Jones, Apr 14, 2019
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  4. Apr 14, 2019 #3
    Superhauler

    Superhauler TEACHER OF MEN

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    Lawyer up yourself.
     
    Superhauler, Apr 14, 2019
    Superhauler, Apr 14, 2019
    #3
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  5. Apr 14, 2019 #4
    not4hire

    not4hire Road Train Member

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    Did the Bill of Sale or Application for Transfer state (in writing) it was free of all liens and encumbrances? Were you provided with a Used Vehicle Information Package?
     
    not4hire, Apr 14, 2019
    not4hire, Apr 14, 2019
    #4
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  7. Apr 14, 2019 #5
    Farmerbob1

    Farmerbob1 Road Train Member

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    If the lien is negligible, pay it to get your settlement from insurance.

    Otherwise, as previously said, lawyer up.
     
    Farmerbob1, Apr 14, 2019
    Farmerbob1, Apr 14, 2019
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  8. Apr 14, 2019 #6
    starmac

    starmac Road Train Member

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    The insurance company will be writing the check to both the lien holder and whoevers name is on the title, you are probably sol.
     
    starmac, Apr 14, 2019
    starmac, Apr 14, 2019
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  9. Apr 14, 2019 #7
    Ridgeline

    Ridgeline Road Train Member

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    This is an important question, here liens apply to the title and have to be registered with the state. They will say if there is lien or claim on the title and that has to be cleared before the application can be approved.
     
    Ridgeline, Apr 14, 2019
    Ridgeline, Apr 14, 2019
    #7
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  10. Apr 14, 2019 #8
    GreenPete359

    GreenPete359 Road Train Member

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    Same in Jersey. The lien is listed on the title, they have to release the lien before the title can be transferred.
     
    GreenPete359, Apr 14, 2019
    GreenPete359, Apr 14, 2019
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  11. Apr 14, 2019 #9
    Espressolane

    Espressolane Road Train Member

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    An attorney is in your future.
     
    Espressolane, Apr 14, 2019
    Espressolane, Apr 14, 2019
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    Farmerbob1 and KB3MMX Thank this.
  12. Apr 15, 2019 #10
    Peterbiltt

    Peterbiltt Light Load Member

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    Aug 21, 2014
    Ontario Canada
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    yes paid cash. this is the second truck i bought off him
     
    Peterbiltt, Apr 15, 2019
    Peterbiltt, Apr 15, 2019
    #10
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