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Can I?

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NP27
Established Contributor

Can I?

Can I buy a car from someone who is still financing the car?  For instance, can I get the loan(blank check) and pay the payoff directly to the lienholder and in turn the bank I got the loan from becomes the lienholder?  Or does the owner of the car have to pay off the loan and get the title and then sell it to me.  I have never bought a vehicle privately (always went to the dealer) before, so I dont know.

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1 REPLY 1
Hoya08
Regular Contributor

Re: Can I?

Yes you can buy from a seller who is currently financing the car.

 

You both agree on a price, sign a bill-of-sale stating the vehicle description (miles, color, year, make, model, VIN, seller name(s) and signature(s) associated with the auto loan) and the price.

 

Paying the lienholder directly does not mean you nor your bank will receive the title. The title will go to the seller after the full-balance is paid off. You can write the check to both the seller and the lienholder to hedge against the seller NOT applying the funds toward the loan balance.

 

I recommend conducting this at the lien-holding bank. The seller should be able to complete all required actions there to receive a bank lien-release letter. And depending on the state, the bank can complete a lien-release online in which the DMV may process it within 2-hours. Regardless if there’s an online process, upon receipt of the letter, you and the buyer can go to the DMV to receive the “clean” title, in which the seller can then endorse it for you to register.

 

A major hold-up is if the seller is upside down after the sale. If this is the case, he has to pay the remaining balance before the bank will release the lien.

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