hhhmmm....and what do I do exactly?

[IOBA]

Interesting situation.

Person bought car, financed with car manufacturer.

Person died.

Estate wrote letter to car manufacturer (perhaps the address on the paperwork?) stating to come get the car, person deceased.

Estate told me I could move the car so property could be rented.  (Car was a nuisance on my property.)

I contacted car manufacturer.  They said they didn't have the loan anymore - it was  with a major bank.

Called major bank & explained situation.

Major bank won't "talk" to me unless I provide MY full name, date of birth, social security number, as well as the account number &/or VIN.

I said no.  (I don't trust the bank.  They've done me wrong before.)

DMV says I can't file abandoned vehicle.  There is one process if the vehicle is less than 10 years old.  A different process if the vehicle is more than 10 years.  In both scenarios, the car has to go to auction to be sold & the funds pay the tow company back fees, then to lien holder, if funds left over.  

Donation says I can't donate vehicle unless I have a clear title.

Tow company says if I pay up front for towing & storage, they will take the car.

Local law enforcement took the license plates but would not take the car.

Estate will to sign over title to me - no charge - BUT there will never be clear title unless I pay off the loan.  The estate will not come get the car or try to sell it.  There is no money to be had from the car - fixing it and selling it.

The amount of money needed to fix the vehicle to get it to pass inspection is about 5k.  The last known balance on the car was 19k.

Who knows what the amount of the loan is now, with late fees, interest, & collection efforts (if there were any - I didn't see any mail come in from lender or a collection agency in the year after the person's death.)

The car is not drivable now (without work being done to it).  And no, I don't think at this time, I could get a loan on the vehicle to put it in my name & pay off the lien holder.

1.  What is the risk of having the title signed over to me from the estate?  The lien holder stays on the title.  I could never get the lien holder off the title (that I know of) without paying off what ever they claim is owed.

2.  Is the lien holder (major bank) likely to be notified by DMV of change in title?

3.  Is the lien holder likely to send a repo person to get the vehicle?  My address would be on the newly issued title.

4.  Can the lien holder LEGALLY change the debt to my name, with or without my consent?

5.  How can I safely get rid of the car so there is no backlash to me from any source?  The estate doesn't want it.

Thanks!

[Jnbmom]

Am I missing something ? Is this person a relative or yours are you part of the estate ? Why do you have the car on your property ? 

[Brian_Earl_Spilner]

Put it on the street. After 3 days notify the city. At some point they'll tow it away.

[IOBA]

I own the property the person was living in.  Person died.  I ended up with the task of clearing out the house & disposing of property cuz no relative or trustee of the estate would do it.  (I got a court order giving me permission to do so.)

The trustee - the first one didn't pay personal property taxes on the car, tags, registeration, or insurance on the vehicle.  Claimed to have notified the car people that the owner had died.

The second trustee - hasn't paid any personal property taxes on the car, tags, registeration, or insurance on the vehicle.  Sent a CMRR letter to the car people telling them to come get the car & the owner died.  No response.  (I got it in writing that I could move the car from the property so the property could be rented out.  The house is mine - the car is not.)

I live in the country.  No city roads to abandon the car on.  Becuase of my contact with law enforcement, they know I have the vehicle, & they have the plates.  A simple VIN check would point back to me.  And to get the car off my primary residence property will cost money to have it either fixed or towed.

I don't want to pay a cent for this vehicle, unless the title is signed over to me & I don't have to worry about the lender suddenly wanting to repo the car.

I have a few questions from my original post.  I am really hoping someone has insight on the situation!

[IOBA]

I  own the property/house the person was living in when death occurred.

I am not the trustee on the account. 

I am not a beneficiary of the deceased persons estate.

The estate did NOT want anything from the house.  

The estate did NOT want the car.  The car was basically upside down on the loan.

I needed the house cleared out so I could get a renter in there.

I needed to get the car off the property - it was considered a nuisance.  

I went the safe route - got a court order saying I could dispose of the house contents - trustee signed off on it.  I got the trustee to put it in writing that I could move the car.

The trustee & I have talked about how to dispose of the car.  Trustee was suppose to meet me 2 months ago to resolve the car issue.  Trustee & I Have talked about signing the title over to me, I fix the car, & it's mine.  The lender would still be a lien holder on the car title.

I dont' want to spend 5k to get the car road worthy & legal to have the lender send a repo man after the car.  My car died a few months ago, so I had urgency to have the title signed over to me.  But that hasn't happened.  Now I just want the car off my property, out of my hair.  The longer it sits in my driveway, not being driven, the more work it will need done.  I don't have a way to jump start the car now, or I'd consider driving it & abondoning it somewhere.  At least one mouse has moved in under the hood.

So....ideas?  Suggestions?

[incognitony]

State laws vary but where I live you can not transfer the title without a lein release. The loan would have to be paid I believe before anbody else could be the legal owner. I don't know what you can legally do but I would get it towed and/or set it on fire. Since its on your property, I think you could have it towed and be done with it. Sounds like its not worth the hassle.

[DSTforlife]

can you have it towed to the bank's parking lot?  technically, it's their car and they can repo it from there.  or have it towed to one of the trustee's home and let them deal with it.

I'm not sure i'd want my name on any of the car's legal documents.

[IOBA]

Ah, back to I don't want to pay any money out of pocket to have the car moved.  Minimum tow bill will be $400 becuase of my location & the tow company wanting storage fees for a week up front.

If I had it towed to a business, word would get back to the  business that it was me.  Small town.  Plus I would have the tow fees.  Plus the sheriff's dept or state police depending on exactly where the vehicle was left, could fine me for abandoning the vehicle.

The bank that owns it?  Nearest branch is hundreds of miles away.

Car fire?  I'd probably loose my house & barn too.  No fire dept could get here in time to save it all.  

*sigh*  The estate trustee is not very responsive.

Thank you for your suggestions.  If anyone wants to come get the car for parts (take the whole thing please) PM me.

The estate could transfer the title over to me, however the lein would stay on the title until it was paid off.

We are now in the 5th year that this vehicle has been an orphan.  

[DSTforlife]

I would eat the cost and have it towed to a junk yard or a trustee's house...then call it a day.  it's their car, so they can't sue you for anything....they'd have a nice surprise waiting for them early one morning. If there are fees at the junkyard, the fees would be charged to the estate since they are the owner.   Leave it on the curb with the door open and keys in the car...drop it off at the police station and tell them it was abandoned...

keep us posted on how you end up disposing it.  

[IOBA]

It will probably be a few weeks before I have a response to share.