If I pay off a loan against a car title would the new title be in my name? 11 Answers as of January 11, 2012
My friend's brother just died and she found out that he had obtained a loan against the title of his car. She wants to know if she pays off this loan, will the title of the car be sent to her in her name?Free Case Evaluation by a Local Lawyer!
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Goldsmith & Guymon | Dara Goldsmith
Paying off a loan does not transfer title. The title will still be in the name of the Decedent.
Answer Applies to: Nevada
Replied: 1/11/2012
Law Office of Walter Johnson | Walter Johnson
Maybe. Maybe not. It is probably not wise for her to pay off the loan. If she is the only beneficiary of the estate, then the court will ultimately award her the car and it will then be free and clear. But if the court were to award the car to someone else, then it is possible she paid off the car on the new owner's behalf. It is hard to definitively answer this question without more facts. But it is probably not a good idea to pay off the loan at this time.
Answer Applies to: California
Replied: 1/6/2012
The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
It depends..did her brother have a Will leaving the car to her? If he didn't have a Will, then the state of Florida dictates who receives his assets. Before she pays off the loan, she should talk to a probate attorney.
Answer Applies to: Florida
Replied: 1/6/2012
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
Not necessarily. The security interest holder (lender) will sign off their interest, and the car will then be free and clear in the name of the person who is on the title.
Answer Applies to: Oregon
Replied: 1/5/2012
Charles M. Schiff, Attorney at Law | Charles M. Schiff
No, paying off the loan does not make the vehicle hers. She needs to check with the lawful heirs or beneficiaries. They become the owners of the car subject to the loan obligation. In addition, the lender must be willing to accept her as an obligated party if she is to continue the loan.
Answer Applies to: Minnesota
Replied: 1/5/2012
Bullivant Houser Bailey PC | Darin Christensen
No. She would need to be the named beneficiary on title, the named beneficiary under the will, or the intestate heir if there is no will. She also would then need to have his estate probated, file a small estate affidavit, or use the DMV affidavit procedure depending on the size of his estate.
Answer Applies to: Oregon
Replied: 1/5/2012
Attorney at Law | Ruchee Patel
No the title belongs to whoever is named on the document and the loan company will send it to the person who signed the loan contract. They don't care who actually pays.
Answer Applies to: Tennessee
Replied: 1/5/2012
Law Office of William L Spern | William Spern
Your friend must pay of the lien to get the car. She would then go to the Secretary of State with the Certificate from the lienholder establish that the loan was paid-off and a Death Certificate. She would then ask for a new title.
Answer Applies to: Michigan
Replied: 1/5/2012
Law Offices of Frances Headley | Frances Headley
She would have to show that she was her brother's heir to that asset. She should consult a probate attorney before she makes any financial commitments.
Answer Applies to: California
Replied: 1/5/2012
Harville-Stein Law Offices, LLC | Dean D. Stein
No, the title will be sent in the name of the deceased brother, and will be an asset of his estate. How it is handled after that, is really a complex question, regarding what estate assets he has, if any, and other methods to transfer title if she is a relative and no estate is opened. She should be very careful in how this is handled, and should really consider if the car is worth that much more than the title loan.
Answer Applies to: Alabama
Replied: 1/5/2012
THE BROOME LAW FIRM, LLC | Barry D. Broome
The lien holder will send the title release to the individual on the title. If the title holder is deceased a title change can be done at the tag office in your neighborhood.
Answer Applies to: Georgia
Replied: 1/5/2012
