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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118175
Experience:  Attorney experienced in commercial litigation.
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I traded a 2007 Saturn in Jan 2016 and signed over a clear

Customer Question

I traded a 2007 Saturn in Jan 2016 and signed over a clear title issued by the State of Florida to the auto dealership. Now 16 months later the vehicle was at auction and a prospective buyer was told that the vehicle still has a lien on it.
JA: What state is this in? And how old is the car?
Customer: Florida. 2007 11 years old
JA: Has anything been filed or reported?
Customer: I had a collateral loan on the vehicle in 2010 which was written off in 2014 by the finance company which has since been sold to another company
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes, the pri***** *****enholder, Ally Financial said that they would not allow a second lien on the vehicle and for me to tell the finance company not to make any more attempts, so I had no idea that the second lien even existed.
Submitted: 4 months ago.
Category: Consumer Protection Law
Expert:  Law Educator, Esq. replied 4 months 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.
At this point you are going to have to settle the lien or have it removed for being an improper lien. It is your obligation to get it removed and if the court finds the lien is unlawful, then you can also recover the legal costs you incurred in removing the lien. However, you still need to assist in getting that lien removed, as that is part of your duty to the buyer. While I understand it was written off in 2014, the loan does not go away, it just is taken off the finance company books, but there is a 5 year statute of limitations for breach of written contract, so if the breach was in 2014 they still have time to collect on the loan.
Thus, you would need a consumer attorney in FL to fight this to remove the lien or you will have to negotiate a resolution with the finance company.
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