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How can one get title to a vehicle after the lender submits a 1099 form, writing it off?

Fremont, CA |
Filed under: Car loan

My husband died in 2011 without assets and owing money on a vehicle. We received a 1099 form, showing that the creditor had written off the loan. My teenage son would like title to the vehicle, so we can get it registered. What is the best way to proceed? The car is now 10 years old and a Blue Book valuation of about $8000. Thank you!

Attorney Answers 1

Posted

The lender probably still holds the title to the vehicle even though there is no debt. Some states provide the lender must return the title to the debtor ( in your case your husband's estate) within a certain time frame of the debt being paid. I am not sure about California. However, because they wrote the loan off, they may want to reinstate it and make claim against the estate. You did not say whether the estate has been closed yet or not and that is an issue. I would recommend you use the find a lawyer tab above to locate an attorney in your area. Many attorneys offer free consultations where you can gain an understanding of your rights and options. Good Luck

Nothing herein is intended to create an attorney client relationship and the response is intended to provide generally a broad response to the area posed by the question. Each question is governed by unique facts and no answer provided is intended to specifically answer the question, but is a general overview of the area of law contained in the question.

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