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Need help lien on car! - Click HERE for Original Thread

Sebasshole
Hey everyone I need some help.
I recently purchased a car in April 2009 from a auction I beleve it was Calgary salvage. It was a active status s2000. After purchasing the car through a friend who had a membership to the auction I checked the car for the status on the car it came back saying needs out of province inspection. Few months down the road I have repaired the car. Went to the registrys for a inspection request form and it had changed to salvage. Not having the old form I went and completed a salvage inspection. I registered the car with no info of a lien. Now I am trying to sell the car and there is a reported lien to someone in Calgary or bc (they have 2 adresses) through hsbc bank. The vin is used as collateral? I tryed phoneing hsbc with no luck tommorow I am going to the bank to hopefully find some information on the status of the lien and that the car has been through the insurence and writen off and the previous insurence company should have payed it out. Hopefully they can release the loan on the car and deal with the lien through the lien holder. Anyone know what happens in a situation like this and what to do. I have spent alot of money and time to repair this car. And had no problem legalizing it but now I have this situation. Need help and advice please!
Sebasshole
This will be the 2nd time I get screwed by insurence auctions and banks. If I would have knowen the status would change then I would have not bought it. Now a lien that's even worse.
cocoabrova
You should probably seek actual legal counsel, but AFAIK if there are any liens on a vehicle you purchase and it wasn't been paid up/taken care/disclosed to you of prior to purchasing the vehicle, the only thing you can do is file a civil suit against the previous owner/seller for damages/lien amount/etc., especially if it gets to the point where A Sheriff comes and seizes the vehicle.....
TomcoPDR
Originally posted by cocoabrova
You should probably seek actual legal counsel, but AFAIK if there are any liens on a vehicle you purchase and it wasn't been paid up/taken care/disclosed to you of prior to purchasing the vehicle, the only thing you can do is file a civil suit against the previous owner/seller for damages/lien amount/etc., especially if it gets to the point where A Sheriff comes and seizes the vehicle.....



It also helps (HOPE you've done this) to have the seller write "no lien" on bill of sale.

I usually get them to put an extra signature beside this line.

Aside from that, I've alway pondered myself what scammers can do. Sell the vehicle, in the mid of buyer gathering funds or whatnot, take a loan out against the vehicle (so the paper work wouldn't show up on provincial Vehicle Information Reports or Carfax, Carproof yet, since we're talking about a matter of 24-48 hours after buyer agrees to purchase vehicle or something)

canuckcarguy
The date of the lien is the important thing at this point. If the lien showed up after your bill of sale, you're likely okay.

It's also possible that the lien has been paid out, but the bank hasn't released it yet - a phone call to them should resolve that, but sometimes they take their sweet time to deal with their lien releases. Have you considered just contacting the auction company and asking them to deal with it? They usually do.
Shlade
sue your buddy
im sure he knew what was with it but didnt wanna tell you...

i wouldnt call him a buddy even if he screwed you that bad...
canuckcarguy
Originally posted by Shlade
sue your buddy
im sure he knew what was with it but didnt wanna tell you...

i wouldnt call him a buddy even if he screwed you that bad...



You're sure the buddy screwed him, even though you don't know any of the details?

Wow. Maybe one of those 900-number psychics has work for you.

Shlade
I know who sold the car to him before... personally i think hes a snake and wouldnt doubt that he did it

im not getting into detail but you got fucked bad either way you have an almost unsellable S2000 with its history.
snoop101
Another reason why I like ICBC. When you register a car in your name a lien check is always done no matter what.
Weapon_R
The onus is on the buyer to check and make sure that the vehicle has no liens prior to purchase. That said, it could be a general security situation where a prior owner borrowed money and used the vehicle as collateral on the loan, to which you could probably have it released relatively easily by calling the bank and letting them know the situation.

Recently I bought a truck that had a general security lien on it. A few calls to the seller and the bank got it cleared relatively easily.
Sebasshole
No my friend isn't a crook he wouldn't have purchased it if the car had a lien or status. We weent to the registry before we purchased it and it came back active no lien. Then 3 months down the road the status changed and no lien. Car was purchased from Calgary parking authority auction. I went to the hsbc branch in Calgary and the manager is talking to main office in ontairo to resolve te situation and should be calling me by 3. Aparently he used the car as collateral on a bank loan. I will keep beyond updated.
Sebasshole
No my friend isn't a crook he wouldn't have purchased it if the car had a lien or status. We weent to the registry before we purchased it and it came back active no lien. Then 3 months down the road the status changed and no lien. Car was purchased from Calgary parking authority auction. I went to the hsbc branch in Calgary and the manager is talking to main office in ontairo to resolve te situation and should be calling me by 3. Aparently he used the car as collateral on a bank loan. I will keep beyond updated.
03ozwhip
this JUST happened to my brother a week ago. go back to the auction and talk to them about the car they sold. from what i remember they said sometimes the bank forgets to release the lien after its sold through auction. the auction should be able to get it released if you have proof of purchase through them. hope that helps.
racerocco
I believe the auction house is responsible for making sure the car is free of all liens, Talk to the auction they should be able to help.
GQBalla
Originally posted by racerocco
I believe the auction house is responsible for making sure the car is free of all liens, Talk to the auction they should be able to help.



werd, don't auctions have to make sure there are no liens?

Kavy
Originally posted by GQBalla


werd, don't auctions have to make sure there are no liens?



Yes they do, or it makes the sale void.

Sebasshole
ok so to make things more shitty.

I talked to the bank and never heard back from them.
called icbc they cannot release any info on the car to me.
They wont even tell me if the insurence claim is completed.
found the history of the car by calling calgary parking authoritys.
Car was recovered by them with pictures, the car was sold to bucks auto as scrap. this being said. it was never checked for lien.
bucks auto sold it to me and my buddy signed as NO LIEN ACTIVE STATUS.
Me and my buddy purchased the car after checking the alberta registry. Car has active status and no liens....... IN ALBERTA.
Lien is under a some guy in bc who i cannot contact. ICBC wrote the car off and should have paid HSBC. now i canot get ahold of anyone in the carloans department to check the status of the lien.
Possibility is HSBC got the settlement and never cleared it off the status. The lien started dec 10 2007 and ends dec 10 2010 so the guy is still on a contract with HSBC aparently. So tommorow the goal is to get ahold of someone who handels car loans and lien release forms. See what there interest is in the car. If they have completed the claim and can they release it NOW!
Then i would like a fax number and direct phone number so i can contact them 10 times a day through fax requiring a letter of release on the car Today. Thats what the finance admin said at my work. Anyone know other info on this. could i register my plate on a new car with a fake bill of sale saying i sold the car with all the proper info to a fake name and part the car out without having my name on the car anymore? and if they do come to take it away is it reasonable to give the car back to them in the condition i bought it in. Smashed. Maybe on fire cause i dont like the pricks.
BlackArcher101
Get a carproof report with the optional BC check... this story is jumping everywhere.
canuckcarguy
It'll take some time, but you'll get the lien off of it. If it was sold by the parking authority, they had every right to sell it to cover their warehouseman's lien, with the proviso that they pay off their storage bill from the proceeds and forward the remainder to the bank. If necessary, you can apply through the court for the bank to remove the lien, though this should be the auction house's responsibility.
Sebasshole
So after spending my whole friday running around and waiting on the phone i got ahold of the hsbc car loans manager and had a few words with him. he called a baillif? officer to handle the situation who was very nice and reasonable. i told him the story and he asked me to fax everything i have about the car. So i faxed, my registration, salvage inspection, bill of sale, pictures, recepts, went to calgary parking authority and got the bill of sale from them with the dates of when it got there when it was sold when it was picked up. Shortly after sending all the info i can get he called me back and told me how he is gona handle the situation. Basicly he is going to claim the money owed on the car through the bank that cashed the check issued by ICBC. The person who originally owned the car cashed the check that was for HSBC. So they are after him, Not only that but they are claiming money from calgary parking authority for releasing a car with a lien.

Finally at about 3 pm i get a call from the bailif. He said with the info i provided i am nowhere in the fault. So he is going to talk to the bank about releasing the car. 10 min after i get a call from the manager at HSBC saying sorry for the inconvinence and he is withdrawing the lean on the car, and gave me a warning to be very carefull with salvage cars cause it happens all the time and if i didnt provide all the info that i did and on demand i could have the car taken away or payed them the purchase amount of the car. (what i payed for it) so he said the car didnt look to be worth much when i purchased it and for the price i payed for it, it was nowhere near enough of the lien so he just released it and said enjoy the car.


LUCKY ME!

So yea if anyone gets into a situation like this now you have some ideas of what you need and what you need to do.
GQBalla
Good to hear it was finally resolved, sounds like a headach for sure
71car2
Lucky for you... it's not every time someone can beat off the lien hidden after purchase and having discover in there then!

That had alway been my main point to have EVERY car I purchase be checked for everything on paper before I sign on bill of sale. Some people got irked at me when i said I want to check for liens, If they don't like my request ... I tell them I'll walk away - no sale, keep my cash in my pocket!

Not worth my headache and all the hassles! Let some sucker got trapped in that.



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