Q: What is the law regarding a decreased person and a car note, when the bank fails to get the car for almost 2 years?
My father passed away almost two years ago. He left a car with a loan on it and the bank has failed to get it. They have set on my mother's property fore almost 2 years now. Is there anything that we can do to take ownership of the car, or file something against the bank for storage fees?
A: There are appropriate procedures to transfer ownership of the vehicle and to quiet title to the vehicle. How to proceed would depend on the assets involved and the value of the assets involved. If the bank perfected its security interest in the car by recording a lien on the car title, that liability needs to be determined and, if enforceable, repaid. You should consult with an attorney to determine the steps necessary to complete the transfer and determine the amount truly owing.
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