Why was my car repossessed when I have title to it?
If you own a car outright with clean title and a finance company or lender took it, the repossession was likely unlawful.
Here’s how this happens: A lender may have once held a valid security interest in the vehicle — giving it the right to repossess the car upon default — but that interest can be extinguished. This is known as a lien loss, and it typically occurs in two ways:
- A properly conducted lien sale, or
- A sale to a bona fide purchaser (BFP) — someone who paid fair market value for the vehicle with no knowledge of any existing lien.
The central question in these cases is usually whether someone in the chain of title received a certificate of title that listed no lienholder. If so, and that person or company (such as a dealership) paid fair value, the lien is gone — even if a prior owner fraudulently removed the lienholder from the title. The lender’s security interest does not survive a transfer to a good-faith buyer. That means any repossession by the old lienholder from the new owner is wrongful.
Many repossessions happen through license plate scans, tied to the vehicle’s VIN. Thus, even if there is a new owner with new plates, the car could be taken (albeit, likely unlawfully) by a company through “self-help” repossession (i.e., without any court order). Companies often take the car and then do their due diligence into any title issues, which obviously could have and should have been done before seizing someone’s vehicle.
What to do if this happened to you: If a company you’ve never heard of repossessed a car you legitimately purchased, contact an attorney immediately. Time is critical — the lienholder may move quickly to sell your vehicle, and delay can limit your options.
