Title troubles

[podjackel]

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[palos]

Unfortunately, there isn't an easy solution if Houston won't cooperate. Assuming Houston is an individual, i.e. not a dealer, you don't have any leverage with a licensing board to make Houston remedy the title.

Since you are a third party, Louisiana probably will need to be the one prodding Houston into action. Perhaps the Bill of Sale between them contains terms and conditions requiring delivery of the title and the consequences of not doing so. The fact that you are in possession of their Bill of Sale really isn't relevant.

Technically, Louisiana would need to title the car and pay the applicable taxes in Louisiana, then you would need to do the same in Texas. I'm presuming you are trying to bypass Louisiana and want Fort Worth to give you or Louisiana an open title where your name will be entered instead of Louisiana's.

There usually are bonding procedures to address such issues, but Louisiana would need to obtain title through that avenue. This is going to test your friendship with Louisiana, but your best bet is to do whatever is necessary to obtain Houston's help voluntarily and have Houston obtain a replacement title or perhaps execute a curative affidavit or other document to "correct" the defective title. Correcting a defective title will require Louisiana to title the car in Louisiana, a replacement title could permit bypassing Louisiana.

Since you and Houston are in Texas, talk with the DMV to find out exactly what needs to be done for Houston to obtain a replacement title or cure the title defect. When talking with the DMV, I'd recommend saying that you are simply trying to help Louisiana obtain a clear title and avoid saying that you are the current owner. You may need to talk with a couple of the DMV offices to see whether the same answers are given. Then, have Louisiana talk with Houston and provide Houston with the requisite paperwork.

If Houston refuses, then it becomes more difficult and legal action may need to be commenced, or at least threatened to be commenced.

Remember that Houston has been paid, that Louisiana sold you the car, presumably with disclosure of the title problems, and that you agreed to buy the car under these circumstances and make payments to Louisiana.

Good luck.

[palos]

Originally Posted by palos

Technically, Louisiana would need to title the car and pay the applicable taxes in Louisiana, then you would need to do the same in Texas. I'm presuming you are trying to bypass Louisiana and want Fort Worth to give you or Louisiana an open title where your name will be entered instead of Louisiana's.

In the second sentence, Fort Worth should be deleted and Houston substituted.

[I don't know how to edit my own posting.]