Bizarre legal question

ManglerYJ

ManglerYJ

Well-Known Member
Joined
Mar 20, 2005
Location
Lexington, NC
So we tried to help my step-daughter out with a car situation. Her grandmother (my wife's ex-mother-in-law) had a car that she "gave" her, but because of her age at the time, it couldn't go in her name. So we had her sign the title over to my wife because she was still on our insurance at the time and our insurance company insisted that the car be put in my wife's name since the insurance was on her policy.

Fast forward to now and the car is rendered undrivable and she now has no car. Now, when my wife signed the title, somehow the address the title went to was her ex-mother-in-law's address with her name on it. (don't ask me how she didn't notice that, but her ex-mother-in-law is also a notary so she may have changed it afterwards - still looking into that). She "claims" that she has put a lein on the car and won't release the lien until my wife signs the title over to her. My wife signed no papers for a lien, nor was there any discussion of such at the time. There is nothing showing on our credit as far as that goes, so she may be bluffing.

At this point the car is going to be scrapped anyway - at least that's what they claim - and you don't need a title to scrap a car that old, so I don't know what their game is.

Is there a way to put a lien on a vehicle without the owner knowing about it?
 
So, a scrapped car is in your ex mother in law's name?
She has the title?
Title is in her name?
She claims she put a lien on the car?

Let her keep it and move on. Looks to me like she put a lien on her own car.

Not sure what reason she has for that unless she may think that the insurance $ from the accident should go to her. If she gave your daughter inlaw a car to use and it was wrecked, really, the $ should go to your ex mother in law anyway.

Tough loss, just let her keep everything and move on
 
You must either take a completed Notice of Change of Address form (MVR-24A) and your NC driver’s license to your local NC DMV office in person, or mail the form to:

Division of Motor Vehicles
3148 Mail Service Center
Raleigh, NC 27699

NOTE: This will change the NC DMV’s records ONLY. The NC DMV does not require you to have an updated title/registration card, nor will they issue you one. If you would like to request updated documents showing your new address, follow the instructions on our Replacing a Lost NC Title and Replacing a Lost NC Registrationpages.

Fees to Change Your Address in NC
It will cost you the following fees to change your address on North Carolina DMV documents:

  • Driver’s license: $10.
  • ID Card: $10
  • Vehicle title and registration card: $15.
 
that was copied and pasted from the DMV website.

take your ID, stroll into the DMV office and change the address.
 
No, car is in my wife's name, but somehow the title went to the ex-mother-in-law's address. Car wasn't wrecked, but the motor is no longer functioning.

We have no interest in the car, but something just doesn't "feel" right about how this is going down. Can't quite put a finger on it. I just don't know why she is so adamant about my wife signing the title on a car that they are supposedly going to scrap. First, she said that she "lost" the title when my step-daughter asked about it because she was trying to sell it while the vehicle was drivable.
 
Reid said:
that was copied and pasted from the DMV website.

take your ID, stroll into the DMV office and change the address.
Click to expand...


That's actually what we were getting ready to do when all of the sudden the car is no longer drivable (my wife dropped off my step-daughter at her dad's house and he had the hood raised... Something seemed fishy at the time, but didn't put 2 + 2 together at that point).

Now, with the car only being worth scrap value, seems pointless to spend the $15 except out of principle.

All we car about at this point is if there in fact IS a lien on the car, how do we deal with it and get out from under her control.

We have worked out to sell the step-daughter one of our cars and when it is paid for, she will get the title free and clear so there will be no ill will toward anyone. I wish she was at a point that she could pay cash for the car so we could simply transfer it to her right off the bat, but we are also trying to use this as a coachable moment in her life as well.
 
Id give up on it and move on. Scrap its worth what, $250?

Or do like Reid said and do a change of address or a lost title.

someone can't just put a lien on your property without your acceptance of it or a court order.
 
Haul the pile of shit over to the ex-MIL's and push it off in the front yard and then report it stolen. :bounce: Sorry, I have nothing useful to contribute.
 
rockcity said:
someone can't just put a lien on your property without your acceptance of it or a court order.
Click to expand...

That's what I thought.... I just didn't know for sure how that works. So she is bluffing. Again - I don't know what her end game is, but I just don't trust the woman.
 
Just a few random thoughts.
- If the title is in wife's name she can file for a lost title. In SC at least for a $25 fee they will print it in the DMV. If it was changd out of her name without her signature you have a fraud case against ex-MIL.
- Wonder if the old bag managed to get a title loan against the car and forge the check somehow, hence why she cant produce the title.
- Sounds as if you may question the reality of the car being "inoperable"? If so its perfectly reasonable to have AAA pick it up and haul it to your house or your favorite (NC4x4) mechanic ;) .
- I wouldnt leave a car registered to me in the possession of someone I didnt trust. Pandora's Box here.
- A lien has to have a debt (of some form) attached. She is going to need proof of lending to go there.
- Are you 100% positive a new Title was ever issued in your wife's name?
 
You have stated twice, that the Title, is in your wife's name. Yet That question keeps coming back. Maybe the question is, have you or your wife, actually seen the Title? It was mailed to the mother-in-law.
If, in fact, it is in your wife's name, then the address has no bearing on the Legal owner. [my opinion] The guy under the hood, reminds me back many years ago, I let I man I knew check out a car I had been driving. He was interested in buying it. I had left it at his house. He came up with a Fantastic story bout the head gasket leaking, & had pulled the head, exposing a cracked block. It was ALL BS! He Never touched the car, but tried to con me out of it!
I'd Personally, want to know Why the car is inoperable, & I'd demand to see the Title!
 
Scrap that pos and be done with it. If ex mom in law says anything, send her a nice storage Bill.
 
As stated above, for there to be a lien placed on the vehicle, there must be a debt associated with the lien. Requires paper work being sent to license and theft department of the DMV in Raleigh and then forms being signed by the title holder (person named on title). So if the vehicle is titled in your wife's name, the forms would be mailed to your wife at the address that you filled out on the title when you purchased the vehicle and re-titled it. These forms would inform you of the lien being placed and the reasoning, and give you the option to dispute it by setting up a court date.
 
Yep, sounds to me like ex-MIL wants the car back, either she regrets giving it away or wants to get teh scrap value herself maybe?

Either way - irrelevant what the mailing address is, or where the car is. Unless some fraud has happened, car belongs to your wife. Period.
Just out of principle, I'd go to the DMV and get a reprint title in hand. As mentioned there is no legal way she could have put a lien on it. So either that is BS or she pulled some kind of fast one
When you go to teh DMV they can tell you if it has a lien.

But as Ron said, I'd get that thing back in your possession. Look it over yourself, then make the call if it is scrap or sellable... either way, it's your coin.
 
Maybe the guy under the hood sabotaged it and it does run ( switched plug wires etc) and your ex MIL wants the title signed over so she can sell for full value as it does run/drive fine when they "fix" it.
 
So as it turns out, she does in fact have a lien on it (she dropped off a photocopy of the title for my wife today). Here's how it transpired:

MIL shows up at my wife's work with title in hand and has wife sign it. MIL says she will take step-daughter to get the title switched and in the process fills in the portion at the bottom where the lien information is to her name. She also fixed it so that the title would come to her address and to her attention.

From a series of rather nasty text messages back and forth between her and my wife, it is apparent that the end game was to have my wife's ex-husband end up with the car. My wife is refusing to sign the title so they are kind of at a Mexican Standoff. MIL is threatening to have the car repossessed and because of the lien it would affect her credit.

MIL has possession of the car (or someone she had it towed to that claims the car is unfixable).
 
I'll throw in 50 bucks for 10 pounds of tannerite. If a couple more people want to join in, I'm pretty sure we can make selling or fixing it a non issue.
 
ManglerYJ said:
So as it turns out, she does in fact have a lien on it (she dropped off a photocopy of the title for my wife today). Here's how it transpired:

MIL shows up at my wife's work with title in hand and has wife sign it. MIL says she will take step-daughter to get the title switched and in the process fills in the portion at the bottom where the lien information is to her name. She also fixed it so that the title would come to her address and to her attention.

From a series of rather nasty text messages back and forth between her and my wife, it is apparent that the end game was to have my wife's ex-husband end up with the car. My wife is refusing to sign the title so they are kind of at a Mexican Standoff. MIL is threatening to have the car repossessed and because of the lien it would affect her credit.

MIL has possession of the car (or someone she had it towed to that claims the car is unfixable).
Click to expand...

wow.
that is shady indeed.

So basically after it had already been signed, she then added the lien info to the title behind your wife's back?

Do you have evidence/admittance of this in writing?

Who notarized the title? Wait let me guess...
I'd take her the fawk to court, just our of principle. She'll go to jail.
 
jeepinmatt said:
I'll throw in 50 bucks for 10 pounds of tannerite. If a couple more people want to join in, I'm pretty sure we can make selling or fixing it a non issue.
Click to expand...

In!
 
So the big question is how much is the lien? If the car is in your wife's name and they won't return it report it stolen. If the car is older than 10 years you do not need the title to scrap it.
 
I didn't think you could notarize anything that has your name on it or you are part of. Can't notarize your own title that's in your name that your selling. Would that not be the same for putting a lien on something to
Yourself then notarizing it. Also from what is said above the lien may be written in but if the proper paperwork wasn't filled out wouldn't it be invalid?
 
RatLabGuy said:
wow.
that is shady indeed.

So basically after it had already been signed, she then added the lien info to the title behind your wife's back?

Do you have evidence/admittance of this in writing?

Who notarized the title? Wait let me guess...
I'd take her the fawk to court, just our of principle. She'll go to jail.
Click to expand...

In writing, no. At this point just a "she said, she said". DEFINITELY a lesson learned, though.

I'm halfways tempted to contact the https://www.secretary.state.nc.us/notary/qualifications.aspx to inform them of the fraud. Perhaps having them investigate it may help.



Buffy said:
So the big question is how much is the lien? If the car is in your wife's name and they won't return it report it stolen. If the car is older than 10 years you do not need the title to scrap it.
Click to expand...

That's just it - we didn't know there was a lien, and we still don't know how much it is for. Could be any trumped up number that she put on the title when she sent it in. I don't think she had to show any evidence of it.
 
Loganwayne said:
I didn't think you could notarize anything that has your name on it or you are part of. Can't notarize your own title that's in your name that your selling. Would that not be the same for putting a lien on something to
Yourself then notarizing it. Also from what is said above the lien may be written in but if the proper paperwork wasn't filled out wouldn't it be invalid?
Click to expand...


Been trying to Google the official NC laws on a notary notorizing their own documents. All I have seen so far is that it's frowned upon because of the appearance of impropriety. No matter what it's unethical any way you look at it.
 
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