If my car is titled in my name but loan is in my deceased father’s name can the bank take my car?

Asked on March 30, 2015 under Estate Planning, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, if the loan is not paid, then the lender can repossess the car. Car loans come with a security interest: that means that if they are not paid, the lender can take the car as payment. It doesn't matter in whose name the car is currently titled: all that matters is that the loan is not paid. You, however, should be able to work with the lender to take over the loan or possibly take out a new loan (in your name) to pay off this loan.

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