HomeCan authorities/sheriff take away a car that is still under mortgage to another lending company in favor of a debt for another person?
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Sheriff
2 posters
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2 Re: Sheriff Tue Jun 29, 2010 10:30 am
attyLLL
moderator
a sheriff can only take a car when there is a writ of replevin issued by a court. it can be taken from anyone in possession of the vehicle.
3 Re: Sheriff Tue Jun 29, 2010 10:41 pm
girlie
Arresto Menor
attyLLL wrote:a sheriff can only take a car when there is a writ of replevin issued by a court. it can be taken from anyone in possession of the vehicle.
The court can issue a writ of replevin about the car though the car is presently emcumbered to other lending company?
4 Re: Sheriff Wed Jun 30, 2010 9:57 am
attyLLL
moderator
if the 2nd debtor did not protect his right by registering his mortgage with the LTO and having the Certificate of Registration marked as encumbered, then yes, a writ in favor of another debtor is valid.
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