Guide On Texas Car Lien
A car lien is essentially a lender's insurance policy. If you take out a loan to buy a new or used car, the lender wants to ensure that they are protected if you default. They use car liens to obtain the protection they seek. There is a lien on the title until you completely pay off the car. A lien serves as insurance for a lender and allows a creditor to repossess your vehicle if you default on your loan. A lien is a legal claim or a right against the property.
Driving With Car Lien in Texas
You are not unable to drive your vehicle because you have a car lien. You can still drive your car, but you won't be able to get the title until you have completely paid off your loan. Once you have paid off your loan in full, the lender can sign the title over to you to indicate that the lien has been released. When this process is finished, you will either receive your title in the mail or be able to pick it up in person. Then you have a free and clear title.
Selling A Car
You can sell a car with a lien, but the lender has first claim to any proceeds from the sale. You will not be able to receive this money until you have fully paid the lender. In this case, a person purchasing a car with a lien can write two checks. The first check is made out to the bank or finance company that holds the lien, and the second check is made out to you if they pay more for the car than the loan payoff amount. The lender would transfer the title to the new buyer upon receipt of a check.
Buying A Car
When purchasing a car, you should check if it already has a lien on the title. If you are the first owner of a new car, you know it does not have a lien. If you're looking for a used car at a dealership, ask the salesperson if the vehicle has a lien. If there is, the dealership will most likely handle the paperwork. If you purchase a used vehicle from a private seller, you must check the lien status. If there is a lien on the vehicle, the seller's responsibility is to make the necessary arrangements to pay off the loan and transfer the title to you.
Texas Lienholder
The lender who owns the lien is known as a lienholder. A lienholder may be leasing you a car while collecting interest, or they may have given you money to buy the vehicle. The bank, private lender, or dealership is the lienholder if you finance your car through them. While you make payments on your car, the lienholder owns it. If you default on your loan, the lienholder has the right to repossess the vehicle.
How To Add A Lien On A Vehicle Title
When a vehicle is financed through a bank, the bank becomes the first secured party. When applying for the title, you must include this information. A car lien will remain on the title until the debt is paid off. After making your final payment, the lender will issue a lien release. When you buy from a dealer, the dealer will file a lien on your behalf. If you already have the title and need to add a lien, you must follow your state's lien filing guidelines.
Step 1: Go To Texas DMV
Go to the Department of Motor Vehicles (DMV) or the state agency that issues vehicle titles. You can look up locations online at dmv.org in the "
DMV Office Finder" section, where you can enter your city, state, or zip code and search using the blue triangle. The search will return a list of office addresses and phone numbers in your area.
Step 2: Get a Title Application
Acquire a title application. Fill in the blanks with your personal information, vehicle information, and lienholder information (address and lien code). If you do not have a lien code, contact the lending institution's customer service and request one. Please sign the application.
Step 3: Submit
Give the clerk the application and the title. To add a lienholder, pay the appropriate fee. Fees differ by state. You may be required to present the loan documents for verification. The information will be verified and filed by the clerk. The DMV will publish a new title. Depending on your state, the title may be mailed directly to the lender, who is the first secured party. A copy will be mailed to you.
How To Remove A Lien On A Vehicle Title
After receiving your last payment, your lienholder will have 10 business days to release the lien. If you have an electronic title, your lienholder will simply electronically remove the lien and notify you once the lien release is complete. If your vehicle has a paper title, the lienholder must send you the following documents:
- The Texas vehicle registration certificate.
- A letter of lien release.
- The lienholder sent other notifications to release the lien.
You must then complete the lien removal by submitting the above and a completed Application for Texas Title (
Form 130-U) to your local
Texas Department of Motor Vehicles office.
When you apply to have the lien removed from your title, you will be charged a fee of $28 or $33, depending on your county of residence.