If my horse trailer lien is in someone else’s name but I am the true owner, what are my rights?

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If my horse trailer lien is in someone else’s name but I am the true owner, what are my rights?

The lien on my horse trailer is in someone else’s name and has been since 01/08. I have been paying payments on it ever since. The trailer has been in my possession the entire time. All of a sudden the person who’s name it is in is mad at me and threatening to take the trailer from me. What can happen and what should I do? I have e-mails where the person states that the trailer is mine and to stay in my possession, signed contract that it is my responsibility, and I also have it tagged in my name.

Asked on August 31, 2010 under General Practice, Maryland

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Well you are not the "title" owner.  The "title" owner is the personlisted on the title.   What you want to say is that there is a contract for the sale and under the terms you have possession, are to make all the payments and once paid off, title will be transferred. Is that what the contract you have says? And you have been living up to your end of the bargain? Then the person can threaten all he wants but if he takes the trailer he will be in big trouble.  Read your contract to be sure that you are doing everything you are supposed to.  See if it says anything about breach or damages.  Then tell him that if he tries to take it you will sue him and you will ask for attorney's fees as well. Good luck.


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