Title and lien question - Mercedes-Benz Forum

Reply
 
LinkBack Thread Tools Display Modes
post #1 of 13 (permalink) Old 04-30-2010, 11:23 AM Thread Starter
BenzWorld Junior Member
 
Date registered: Apr 2010
Posts: 7
Mentioned: 0 Post(s)
Quoted: 0 Post(s)
(Thread Starter)
Question Title and lien question

Hi guys, in the process of buying a used MB from a private party and I could use some advice/opinions. Here are the facts thus far --

-we've agreed on the purchase price
-car is still in her hands
-there is/was a lien on the car that the seller claimed to have paid off (MB Financial) after she received my good-faith deposit
-she told me that it will take a week for the California DMV to send her the title
-it's been a little over a week and apparently she hasn't received it yet
-I've started running AutoCheck on the car everyday for the last 3 days to see if there has been any change on the car's lien status, but no change yet

So here are my questions --
-Do you guys see any red flags so far, and is there anything for me to be worried about?
-Re AutoCheck, would the seller paying off MB Financial be reflected there, and if so how long does it take?
-How long does Cali DMV take to send out titles in these cases? Does length vary depending on the lien holder (e.g. would it make a difference if MB Financial were notifying DMV, vs BMW Financial?)?
-Assuming the title does eventually comes in, it's already been 1.5 weeks since we agreed on the purchase, and even longer since I saw the car and had a mechanic inspect it -- during the handover should I have a mechanic inspect it again? I'm thinking a lot can happen to a car in 1.5 weeks....

Thoughts?

Thanks in advance!
dandelos is offline  
Sponsored Links
Advertisement
 
post #2 of 13 (permalink) Old 04-30-2010, 12:10 PM
Outstanding Contributor
 
keyhole's Avatar
 
Date registered: Sep 2006
Vehicle: 2004 CLK 240 Coupe
Location: Norfolk. UK
Posts: 10,460
Mentioned: 10 Post(s)
Quoted: 356 Post(s)
This must have been some bargain for you to hand over deposit money for a car without a clear title... Have you been had?
keyhole is offline  
post #3 of 13 (permalink) Old 04-30-2010, 12:19 PM Thread Starter
BenzWorld Junior Member
 
Date registered: Apr 2010
Posts: 7
Mentioned: 0 Post(s)
Quoted: 0 Post(s)
(Thread Starter)
Quote:
Originally Posted by keyhole View Post
This must have been some bargain for you to hand over deposit money for a car without a clear title... Have you been had?
Well that's what I'm wondering, though the seller hasn't exhibited any suspicious behavior so far, in our communications and dealings. She insisted on a deposit before she paid off MB Financial, which I figured was a reasonable request, perhaps something I would seek too if I were a seller unsure if a buyer would back out of a deal.
dandelos is offline  
post #4 of 13 (permalink) Old 04-30-2010, 12:26 PM
BenzWorld Elite
 
Date registered: Feb 2008
Vehicle: 2004 W220 (S430) ; 2001 R129 (SL500) Sport
Location: Alabama Gulf Coast--formerly Charlottesville, VA
Posts: 1,335
Mentioned: 0 Post(s)
Quoted: 0 Post(s)
You're at loggerheads. The seller made a reasonable request under the circumstances. You say she/he isn't acting all geeky, so it is probably taking a bit longer than expected to get everything cleared up. I assume your contract with her is 'conditional on a clean title' or some such language. You may have to go to court to get your money back if it comes to that, but it is more likely that California DMV isn't any more efficient than any other DMV and it will just take a little more time. Set what you think is a reasonable time limit (10 days or so) and let her/him know you expect to have things cleared up by then. The seller can't make DMV move any faster than you can, so....

Good luck.

"Don't pick a fight with an old man. If he is too old to fight, he'll just kill you."--John Steinbeck
DrJfrmLA is offline  
post #5 of 13 (permalink) Old 04-30-2010, 12:28 PM
BenzWorld Elite
 
DirectLA's Avatar
 
Date registered: Jan 2007
Vehicle: 1962 W111 220SE Coupe
Location: Cloud City, OR
Posts: 2,289
Mentioned: 1 Post(s)
Quoted: 8 Post(s)
Have you tried calling the DMV and explaining the situation, perhaps telling them you don't need specific info since the car is still in the original owner's name, just that you would like to know if/when the title was mailed so you know the deal is legit? If you explain it in a way that shows your concern over the legitimacy of the deal and ask them what they can do to help, they might be willing to assist in some way.

-Marrs

The Coupe Group (W111/112 coupes and cabs)official website
The Coupe Group on Facebook


"Too many people are working at jobs they hate, to buy things they don't particularly want, to impress people they don't even care about." --Dr. Deepak Chopra
DirectLA is offline  
post #6 of 13 (permalink) Old 04-30-2010, 12:44 PM
Lifetime Premium Member
 
e-420's Avatar
 
Date registered: Sep 2008
Vehicle: 1997 E-420 (150K miles), 1997 SL500, (90K miles) 2015 GMC Sierra Denali 2500HD CC/SB/4x4 Duramax
Location: Portland, OR
Posts: 3,373
Mentioned: 13 Post(s)
Quoted: 361 Post(s)
Lifetime Premium Member
I never hand over any money until the title is clear and the titled owner signed off on it.

And when I sell a titled vehicle I remove the plates, even though it is not required in this state as a private party seller, and immediately notify DMV that I am no longer the registered owner and provide DMV with the new owners name and address.


--------His------------Hers-------

97 SL500 Imperial Red
/Parchment Leather/Black Top


Chromed OEM wheels, Akebono's, H1+90 fog, Burlwood/Leather shift knob, Rostra Lumbar support, Check seat heaters, Bilstein's, Parrot Bluetooth, GG Bailey Custom cargo mat, GG Bailey trunk mat, Real Burlwood Instrument Cluster w Chrome rings, Burlwood & Chrome shift surround, Euro headlights with Osram 70W/65W H-4's, clear corners, Silverstar corner lamps, Euro Trunk mount Warning triangle, SL600 Burlwood armrest trim & Burlwood cupholder sliding cover, Kahtec flashing third brake light (CHMSL)


97 E420 Royal Indigo/Grey Leather

Raintracker wiper, Rostra Lumbar support, Parrott Bluetooth, 17" chrome AMG replica wheels, Bilstein's, Akebono's, smoked marker lights, Osram 65W H7's, H1+90 fog, Rear Seat Child restraint Tether, Burlwood/Leather shift knob, OEM Mudflaps, DRL's, Becker Aux input
e-420 is offline  
post #7 of 13 (permalink) Old 04-30-2010, 01:17 PM
Lifetime Premium Member
 
Musikmann's Avatar
 
Date registered: May 2006
Vehicle: 2001 E320 - Brilliant Silver/Ash: 107,000+
Location: West Virginia, USA
Posts: 17,193
Mentioned: 0 Post(s)
Quoted: 6 Post(s)
Lifetime Premium Member
When I bought my used MB from a dealer I used MB Financial. After making the final payment it was MBF, not the DMV who sent me the title. If I remember correctly it took 2 or 3 weeks.

Mercedes Benz - Das beste oder nichts!
Musikmann is offline  
post #8 of 13 (permalink) Old 04-30-2010, 01:38 PM
OAG
BenzWorld Junior Member
 
OAG's Avatar
 
Date registered: Jan 2010
Vehicle: E350 4M P2 MY2010
Location: Central Ohio
Posts: 42
Mentioned: 0 Post(s)
Quoted: 0 Post(s)
From what I surmise from the foregoing it is the lien holder (MB in this case) that would be holding the title until it is paid off at which time they would stamp it as "lien satisfied" or some such annotation, and send the owner (her) the title. She then signs the title over to you and you apply for a new title in your name (and register and/or get plates in your name). DMV only gets involved AFTER the lien is released. Works that way most places but your situation may be different. I would ask her to call MB (and let you listen in on any extension or set up a conference call) to see if the lien has been satisfied and when will (or did) they mail the title to her (possible complications: she moved since origination of the loan and did not notify MB, she did not pay it off, or did with a check they are waiting to clear, and others I cannot think of right now).

OAG = Old Army Guy (US Army Retired Jul 79)
OAG is offline  
post #9 of 13 (permalink) Old 04-30-2010, 02:13 PM Thread Starter
BenzWorld Junior Member
 
Date registered: Apr 2010
Posts: 7
Mentioned: 0 Post(s)
Quoted: 0 Post(s)
(Thread Starter)
Quote:
Originally Posted by Musikmann View Post
When I bought my used MB from a dealer I used MB Financial. After making the final payment it was MBF, not the DMV who sent me the title. If I remember correctly it took 2 or 3 weeks.
The seller said that DMV Sacramento would be sending her the title, which makes sense, because DMV would have to generate a brand new title with her name on it, correct? The title in MBF's hands would have their name on it, not hers. Unless in your case DMV generated your title and then sent it to MBF first rather than directly to you, which just seems like an extra (and unnecessary) step?
dandelos is offline  
post #10 of 13 (permalink) Old 04-30-2010, 02:36 PM
OAG
BenzWorld Junior Member
 
OAG's Avatar
 
Date registered: Jan 2010
Vehicle: E350 4M P2 MY2010
Location: Central Ohio
Posts: 42
Mentioned: 0 Post(s)
Quoted: 0 Post(s)
Quote:
Originally Posted by dandelos View Post
The seller said that DMV Sacramento would be sending her the title, which makes sense, because DMV would have to generate a brand new title with her name on it, correct? The title in MBF's hands would have their name on it, not hers. Unless in your case DMV generated your title and then sent it to MBF first rather than directly to you, which just seems like an extra (and unnecessary) step?
The lien holder is not the owner they just have a lean on YOUR title (Mary Smith's in this case) the OWNER remains Mary. The lien can only be released by the lien holder (MBF in this case). If Mary paid it off (lien released by MBF) and was going to keep the car there would be no reason for her to get a new title from DMV.

OAG = Old Army Guy (US Army Retired Jul 79)
OAG is offline  
Sponsored Links
Advertisement
 
Reply

  Mercedes-Benz Forum > General Mercedes-Benz Forums > General Mercedes-Benz

Quick Reply
Message:
Options

Register Now



In order to be able to post messages on the Mercedes-Benz Forum forums, you must first register.
Please enter your desired user name, your email address and other required details in the form below.

User Name:
Password
Please enter a password for your user account. Note that passwords are case-sensitive.

Password:


Confirm Password:
Email Address
Please enter a valid email address for yourself.

Email Address:
OR

Log-in











  • Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
     
    Thread Tools
    Show Printable Version Show Printable Version
    Email this Page Email this Page
    Display Modes
    Linear Mode Linear Mode



    Similar Threads
    Topic Author Forum Replies Last Post
    Can't think of any appropriate title mlfun Off-Topic 10 10-14-2008 11:20 PM
    Is this your title? coachconverter Unimog 2 07-21-2008 12:20 AM
    Title Help!!!! Heavy Weapons Unimog 6 04-23-2006 04:17 AM
    Still no New Title AndyFracica W163 M-Class 25 01-10-2004 11:34 PM

    Posting Rules  
    You may post new threads
    You may post replies
    You may not post attachments
    You may not edit your posts

    BB code is On
    Smilies are On
    [IMG] code is On
    HTML code is Off
    Trackbacks are On
    Pingbacks are On
    Refbacks are On

     

    Title goes here

    close
    video goes here
    description goes here. Read Full Story
    For the best viewing experience please update your browser to Google Chrome