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JD, Lawyer
Category: Legal
Satisfied Customers: 1335
Experience:  Over 11 years in practice as a litigator ... civil and criminal
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Hello, Hope you can answer this question for me. I bought a

Customer Question

Hello, Hope you can answer this question for me. I bought a motorcycle 2 years ago, the company that I financed it through was suppose to have recorded a lien on the bike but didn't, title has no lien or is there one listed in the computer at the court house. Without the lien recorded is it legal for me to transfer the bike without paying the mortagae off?
Thank you for your help
Submitted: 7 years ago.
Category: Legal
Expert:  JD replied 7 years ago.

The only risk is that you may have signed a contract with your lender not to transfer the bike without paying the total amount (most promissory notes have this provision). If you sell the bike, the sale will be valid but you may end up getting sued for breach of contract. That would not harm the new owner, but you could end up having to pay the entire note immediately.


Please reply if I can help further.



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Customer: replied 7 years ago.
This was put on a Kawasaki Credit card an it says nothing about selling the bike, just that I agree to pay at least th emin payments.
Expert:  JD replied 7 years ago.
Read the fine print carefully (including on your credit card application). If it isn't there then it isn't there. Chances are they would never find out unless you stop making the payments. Even if they do find out they can only sue if that provision exists in you application or contract.
Customer: replied 7 years ago.
Thank you, XXXXX XXXXX going to continue making the payments just not putting any the money I got out of the bike on the note.
Expert:  JD replied 7 years ago.

Thank you and good luck.