‘I’m nervous’: Woman buys car, has multiple concerns when she sees title

Plus, Belk worried her lender – a different company – was supposed to hang on to the title, not her.

“I’m nervous. I’m really nervous about it,” Belk said.

She says she went back and forth with the dealer, the DMV, and her lender. She says she even drove back to Georgia to try to sort this out.

However, she explains she still wasn’t sure what to do. She didn’t want to look like she stole the car.

“I’ve called lawyers, and I get in the middle of it to tell them my story,” Belk said. “They will stop me, ‘We can’t help you,’” she said.

But Action 9 attorney Jason Stoogenke did.

First things first: The title, itself. Stoogenke found out the previous owner’s lender had signed papers giving the dealer the right to sell the car. So, the sale was valid. One problem solved.

As for the second issue: Who should hold the title. The DMV agreed to reach out to Belk directly. She says they told her to give them the title. She believes they gave it to her lender. She feels much more confident driving the car now.

The lessons here:

1. If the dealer’s name isn’t on the title, don’t panic. Just ensure the dealer has a power of attorney allowing them to sell the car.
2. Most states -- including both Carolinas -- are called “title-holding states.” In other words, your lender holds the title until you pay off the loan. Then they send it to you. In “non-title-holding” states, you hold the title while you pay off the loan. But even in that case, the lender’s name is still on it.
3. Even if you’re having title issues, ensure you keep paying your lender in the meantime. Belk did that, which was smart.

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