Buying a car with a lien Advertiser Disclosure Advertiser Disclosure We are an independent, advertising-supported comparison service. Our goal is to help you make better financial choices by offering you interactive tools and financial calculators as well as publishing original and objective content, by enabling users to conduct research and compare information at no cost – so that you can make sound financial decisions. Bankrate has partnerships with issuers such as, but not limited to American Express, Bank of America, Capital One, Chase, Citi and Discover. How We Earn Money The offers that appear on this site are from companies that pay us. This compensation could affect how and where products appear on the site, such as for instance, the order in which they appear within the listing categories, except where prohibited by law. This applies to our mortgage, home equity and other products for home loans. However, this compensation will have no impact on the information we publish, or the reviews that you see on this site. We do not contain the universe of companies or financial offerings that could be open to you. Alfa Photostudio/Shutterstock
3 min read Published 27 October 2022
The content is written by Holly D. Johnson Written by award-winning writer, author and author Holly Johnson writes expert content on personal financial, credit card as well as loyalty and insurance issues. Alongside writing content for Bankrate and CreditCards.com, Johnson does ongoing work for clients including CNN, Forbes Advisor, LendingTree, Time Magazine and other publications. The article was edited by Rhys Subitch Edited by Auto loans editor Rhys has been editing and writing for Bankrate from late 2021. They are dedicated to helping readers gain confidence to take control of their finances by providing concise, well-studied information that breaks down complex subjects into bite-sized pieces. The Bankrate promises
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This compensation could affect the way, location and when products are listed in the event that they are not permitted by law for our mortgage or home equity products, as well as other home lending products. Other factors, like our own rules for our website and whether a product is offered in the area you reside in or is within your self-selected credit score range can also impact the way and place products are listed on this site. Although we try to offer a wide range offers, Bankrate does not include specific information on each financial or credit item or service. If you’re considering purchasing an used vehicle from a private dealer check whether the car is still under a lien attached to it by an lender. This can make the purchase more complicated — but not difficult. This will require a few extra steps to ensure that the lien is eliminated prior to the transfer of the title to you. What a car lien is A car lien names that the car loan lender as the primary person of the title. It’s a legal document that serves as a safeguard for the lender if a borrower defaults. The lienholder can make use of the lien as a basis to take possession of the car and that is the reason why they it is considered . Once an auto loan is paid in full and the lienholder has been removed from the loan and the vehicle is now owned outright by the lender. What happens when a lien is affecting your car purchase When you buy a vehicle with a lien, ensure that the lien is gone before you finalize the payment. If you’re purchasing the car using cash, and you are paying in cash, you might be able to negotiate directly with the lien holder to pay off the remaining amount yourself. Begin by calling the current lienholder to determine the total amount due to release the car along with other terms which could impact the sale. Negotiate with the seller. They may prefer to sell the car to make a profit, however if you know the payoff amount, you might be able to secure the best price and not pay more than the car is worth. If you’re buying the car with the help of a loan The process of getting a loan from your own pocket to pay for the purchase should be fairly simple. You can communicate the details of the purchase with your lender to make it easier for paying the lienholder. The remaining amount — should there be any- goes towards the vendor. After the lien is fully paid, you or your lender will be issued the title to register the vehicle in your name. Your lender will be identified as the lienholder new until you . If the seller repays the loan prior to the purchase, the sale is more straightforward if the seller of the vehicle simply pays off his auto loan and acquires the title prior to the sale. But this isn’t feasible for certain individuals, especially those who owe thousands of dollars on a newer vehicle or who owe more money than the car is worth. If, for example, the seller is owed $20,000 for the car which is privately sold at $17,000, they’ll still need be liable to the lender $20,000 — three times more than the proceeds out of the deal. In such a case the seller could decide to convert the remaining auto loan into an unsecure loan, like a personal loan or a personal loan, to be able to have the auto loan be discharged. The purchase should be made official. However you handle this situation, be sure to draft an agreement that outlines the method by which the lien will be eliminated or transferred. Although it’s not required in every state but it’s still a good idea to create a bill of sale outlining the transaction. Be sure it’s date-stamped and signed by both parties so everybody has a record about the purchase. You may be able to make use of a third party escrow service to manage the financial aspect of the transaction. Escrow services can help ensure that the money to be transferred securely. Just be aware that escrow firms charge fees for their services- and set it up with the seller to ensure you are both using an authentic company. How to check whether the vehicle you’re purchasing has a lien Ask the seller – they must be honest about the car’s ownership status. You can also check the VIN as well as the title and history report to confirm the seller is honest. Check the number of your vehicle’s identification (VIN) with your state’s DMV. If there’s a lienholder listed on the title and the DMV will be able to tell you. A title search can also provide information about lienholders. It is a good start point for finding lienholder details. Check the history of your vehicle as well. Autocheck as well as Carfax are both well-known firms which provide lien history along with prior maintenance, damages and owners. The bottom line There are numerous instances where buyers purchase a car with an unofficial lien from a private party without encountering any challenges or issues. To ensure that the transaction goes smoothly and avoid any major problems, know what steps to take to get rid of the lien. You should also research pricing, line up your own auto financing , and have any agreements you sign with a private seller in writing. Find out more
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Written by Author, Award-Winning writer Holly Johnson writes expert content on personal financial, credit card, loyalty and insurance topics. In addition to writing for Bankrate and CreditCards.com, Johnson does ongoing work for clients which include CNN, Forbes Advisor, LendingTree, Time Magazine and many more. Written by Rhys Subitch Edited by Auto loans editor Rhys has been editing and writing for Bankrate since late 2021. They are dedicated to helping readers gain the confidence to take control of their finances with concise, well-researched, and well-written details that cut complex subjects into bite-sized pieces.
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