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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118782
Experience:  Attorney experienced in commercial litigation.
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I bought a car from a dealership whose owner has gone out of

Customer Question

I bought a car from a dealership whose owner has gone out of business and filed for bankruptcy. The loan company can not get the car registered because they do not have the title. This loan company has strung me along for a year. Insisting they could get the title and to be "patient" I cannot receive anymore temporary tags from the state of Florida. Now I don't have a Car to drive. What options legally are there.
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you bought the car and did not get legal title, but the dealer has filed bankruptcy, the first thing you have to do is contact the bankruptcy court and file a creditor proof of claim in the dealer's bankruptcy and you then need to contact the trustee to see if your title is located in the dealer's floor plan lender's inventory. If the title is in the floor plan inventory you have to pursue this through the bankruptcy court. If it is not in the floor plan, then you need to file a petition to quiet title in the court and get the court to order DMV to issue title in your name and the name of the loan company as lienholder.
This is really the only way to clear the title so you can register the car.
Customer: replied 1 year ago.
Shouldn't the lien holder have the title? Do they have any liability in all of this
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Not necessarily. Your lienholder has to get the title from the dealer and if the floor plan lender did not release the title, they are in the same boat as you are in with not being able to get the title, which is why you need to go through the legal process to try to clear the title.