What to do if I have a car that’s been discharged in a bankruptcy but the bank refuses to move it off my property because the transmission needs to be fixed?

Car has been sitting in my driveway. I don’t have title to have it removed. The bank has been notified several times in the past year. What can I do legally?

Asked on March 22, 2012 under Bankruptcy Law, New Hampshire

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If the car has been discharged in bankruptcy, is the car title still in your name? If not, meaning you returned title to the lender, then really you need to keep count and indicate and keep track of how you have given notice to the lender. Contact your state treasurer's office and go over the laws regarding abandoned property. If after having given notice and legal notice at that, the bank still has not picked up the motor vehicle, you can consider the property abandoned at the point in time the law states and you can do with it what you need to. However, still keep in mind that while you may not have legal title, you may actually have to go to the department of motor vehicles and see how you can now obtain title since the motor vehicle has been abandoned.  


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