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Buying a used car still being financed, legal?

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cymbol

Junior Member
What is the name of your state? California

Dear experts:
I am considering purchasing a used vehicle that I found scouring various internet sites such as craigslist. When I phoned the potential seller, I discovered that the car is still being financed. Would this mean that the finance company owns the title to the vehicle until it is paid, or do they have a lien against the vehicle? Is it even legal to sell a car in this case?

http://forums.di.fm/archive/index.php/t-96742.html
This discussion seems to suggest that selling a car still being paid is illegal, but I think it is UK law. What about California?

I did some reading on past posts, and according to
https://forum.freeadvice.com/showthread.php?t=304797&highlight=finance
, it seems that titles are owned by the finance company until the car is paid off.

If it is indeed legal to sell one's debt/contract, how does something like this work and how complicated is the process? Would I pay cash and hope the original owner pays off the bank and then mail me the title? Would I take over the monthly payments as the new lendee and the future receiver of the title? Do all of myself, the seller, and the bank need to hammer out a new contract, etc?

Thanks for your thoughts, :confused:
 


justalayman

Senior Member
just be sure to get a release of lein before finalizing the transaction. Most of the time, it is best to meet at the lenders bank and have the seller hand the banker the money and get the release of lein from the bank along with the title from the seller.
 

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