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Collateral loan

Stockton, CA |
Filed under: Bankruptcy Lien

Hello,

My brother just passed away and he used his car for collateral on a loan. There is still a balance owing how does that work with respect to the lien they have on the car. Must that be paid off before we can get the title back?

Attorney Answers 2


  1. The loan must be paid off before you will be able to get title to the car. Depending the amount of the loan versus the value of the car, it may not make sense to do this. You should determine the fair market value of the car before you make this decision.


  2. The short answer is YES. You can sell the car and have the proceeds applied to the loan balance. OR you can pay off the loan balance without selling the car, and thereby recover the pink slip from the lender. The lender's rights do not change just because your brother has passed away (and my condolences for your family's loss). You have two clear options -- and so long as the car is worth more than the loan balance, you should not have any problem. I hope this answers your question and concerns. Jim C in Los Angeles.

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