How can a buyer get a vehicle title if the seller filed bankruptcy?

Question

A seller is selling his motorcycle but claimed that the creditor has the title since he claimed bankruptcy.

"I do not have a title to this bike, however I could provide a bill of sale. I filed for bankruptcy about a year ago and cannot obtain a title. Whenever I filed for chapter 7, I got to keep the bike but the credit card company would not release the title to me."

How can a buyer get a title and register it from the MVD? Or is the buyer out of luck.

Answer 1

The creditor always hold title until the loan is paid. If he cant get the title you need to buy it from the lender. Don't give the seller any money as he obviously doesn't own the bike.

Answer 2

you have to pay off what is owed on the bike to get the title. if the seller had a loan for the bike he wouldn't have the title anyway the creditor would. when he pays off the bike they will send him the title and he can give it to you then you can put it in your name

Answer 3

>> creditor has the title since he claimed bankruptcy.

The bike is NOT HIS TO SELL.  That is why they are holding the title.

The bill of sales, just established the selling price for tax purposes.  It does NOT establish ownership.

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>> How can a buyer get a title and register it from the MVD

A buyer cannot. Only the current owner can (in this case the creditor).  

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>> but the credit card company would not release the title to me."

Well that answers all your question.

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Stay away from this bike.  There are hundreds of other bikes on sale.  You don't need the headaches.

good luck...