It was discharged through the BK, the debt was not reaffirmed.
Kirk, I went to the local DMV office yesterday, and explained the situation, and they gave me a little different take on my situation. If I send a formal letter with a copy of a DMV lien release form to the secured creditor, then they can still ignore my requests; however, if they do, then the DMV officer explained that I can get what is called a "Title Bond" from my insurance company, and I can bring back the receipt from the certified mail to the DMV, and they will issue a duplicate Title. Thanks, XXXXX XXXXX
I'm not aware that the DMV has the legal authority to remove the lender's lien against your vehicle and it's title. If the DMV gives you a duplicate title - - the "duplicate" should be an exact copy of the original, which would show the lender as the first lienholder.
If the DMV were to give you a title without showing the lender as lienholder, it would not be a "duplicate". Even if it did, that would not erase the lender's lien and it wouldn't prevent the lender from filing a replevin against you for the vehicle.
Also, if you sell mortgaged/lien encumbered property and do not pay off the lien,
it can be considered criminal fraud.
The lender isn't likely in a big hurry because under California Code of Civil Procedure § 337, the statute of limitations for debt related to a written contract is four years. Thus, the lender has 4 years to recover the vehicle/sue you for the debt. Also, the time you were in bankruptcy doesn't run against the statute of limitations because of the automatic stay.
Again, I'm not familiar with any procedure that would allow the DMV to remove the lender's lien against your vehicle/it's collateral. I hope this helps.
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