What is a lien on a car?
Yendo
April 9, 2024
What Is a Car Lien? Everything You Need to Know Before You Buy or Sell a Vehicle
If you’re buying, financing, or selling a vehicle, understanding car liens is essential. A lien on a car represents a legal right a creditor holds in the vehicle — often because it’s being used as collateral for a loan. Whether you’re a first-time buyer or selling a used vehicle, knowing how liens work can help you avoid costly mistakes.
This guide breaks down what car liens are, why they matter, how to check for them, and what steps to take if one is present on a vehicle you’re buying or selling.
What is a Car Lien?
A car lien is a legal claim placed on a vehicle by a creditor or entity until a debt associated with that vehicle is fully repaid. In most cases, this happens when someone finances a car purchase with a loan — the lender places a lien on the car to protect their interest. The lien gives the lender the legal right to repossess the car if the borrower fails to meet the loan terms.
But it’s not only lenders that can file liens. Auto repair shops, tax authorities, and even court judgments can result in liens on vehicles when debts go unpaid.
How Does a Lien Work?
When a car is used as collateral for a loan (as is the case with most auto financing agreements), the lien is recorded with the state’s Department of Motor Vehicles (DMV). This lien is usually listed on the vehicle’s title, indicating to any future buyer or entity that the car has an outstanding obligation tied to it.
Until the debt is cleared:
- The lienholder (often the lender) is the legal owner or co-owner of the vehicle.
- The borrower can use the car, but they cannot legally sell or transfer ownership without first paying off the debt.
- In the case of non-payment, the lienholder has the right to repossess the vehicle to recover their losses.
Types of Car Liens
Car liens can come in different forms, with the two most common being voluntary and involuntary liens.
1. Voluntary Liens
These occur when a borrower agrees to the lien as part of a financing agreement. It’s the most common type of lien and happens when someone finances a car purchase through a bank, credit union, dealership, or alternative lender. The buyer drives the car, but the lender legally holds an interest in it until the loan is repaid in full.
2. Involuntary Liens
These liens are imposed without the vehicle owner’s consent, usually due to unpaid obligations. Examples include:
- Mechanic’s lien for unpaid repair bills.
- Tax lien if the car owner owes back taxes to the IRS or local government.
- Court judgment lien resulting from legal disputes.
How Does a Lien Affect Car Ownership?
A lien impacts your rights and responsibilities as a car owner in several key ways:
- Limits on selling or transferring the vehicle: You cannot legally transfer the title to a new owner while a lien exists.
- Repossession risk: If you fall behind on loan payments, the lienholder may repossess the car without going to court.
- Lower resale value: A car with an active lien is less attractive to buyers, who generally want a clean title.
- Delays in selling: Even if a buyer is willing to purchase a vehicle with a lien, they’ll often require written confirmation that the lien will be cleared immediately.
How to Check for a Lien on a Car
Before buying a used car — especially from a private seller — always verify that the vehicle title is clean and free of liens. Here’s how:
1. Get a Vehicle History Report
Services like Carfax or AutoCheck offer comprehensive reports that include:
- Previous owners
- Accident history
- Odometer readings
- Lien records
2. Contact the DMV
Most state DMVs allow you to request a title and lien check by providing the Vehicle Identification Number (VIN). Some states charge a small fee for this service.
3. Review the Physical Title
The vehicle’s paper title will usually list any lienholders. If a lender’s name appears, the lien has not been released.
How to Remove or “Clear” a Lien
A lien is removed when the associated debt is paid in full. Once that happens:
- The lienholder (lender) must send a lien release document to the borrower or file it with the DMV.
- The DMV then updates the title, removing the lienholder’s name.
- The borrower receives a clean title, showing full ownership of the vehicle.
This process can vary by state. In some states, the lender holds the title until the loan is paid off, while in others, the borrower holds the title with the lien noted.
What Buyers and Sellers Should Know
If You’re Selling a Car with a Lien:
- Pay off the loan first, or arrange to do so at the point of sale.
- Request a lien release letter and share it with the buyer.
- Consider involving the lender directly to facilitate a smooth transaction.
If You’re Buying a Car:
- Always check for liens before finalizing the deal.
- Avoid paying a seller until you confirm the lien has been cleared.
- If purchasing from a dealership, ensure the title is clean or the lien will be cleared as part of the sale.
Common Misconceptions About Car Liens
Let’s bust a few myths:
- Myth: “I can sell a car with a lien as long as I tell the buyer.”
- → Reality: Disclosure doesn’t remove the legal obligation. The lien must be paid off to transfer the title legally.
- Myth: “Once I pay off the loan, the lien disappears automatically.”
- → Reality: The lender must take steps to file the lien release. You may need to follow up to ensure the DMV updates the title.
Conclusion
A lien on a car can be intimidating, but with the proper knowledge, it's a manageable aspect of vehicle financing and ownership. Whether you're buying or selling a vehicle, due diligence is key. Always verify the lien status, ensure debts are cleared, and keep documentation up to date. Understanding car liens is an essential step in making informed and responsible decisions in the world of car ownership.
Keep these considerations in mind, and the road ahead - whether you're cruising in a new purchase or sailing through a seamless sale - will be smooth and secure. Remember, transparency and attention to detail are your best allies in handling car liens effectively.
Disclaimer: Yendo is not a provider of financial advice. The material presented on this page constitutes general consumer information and should not be regarded as legal, financial, or regulatory guidance. While this content may contain references to third-party resources or materials, Yendo does not guarantee the accuracy or endorse these external sources.