Liens, Encumbrances, Clear Title - BMW Luxury Touring Community
 
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post #1 of 9 Old Apr 19th, 2011, 6:43 am Thread Starter
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Liens, Encumbrances, Clear Title

Hi, Is anyone able to advise on how to ensure that the seller has clear title and there are no liens or encumbrances on a bike being imported from the US? Thank you
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post #2 of 9 Old Apr 19th, 2011, 6:54 am
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Re: Liens, Encumbrances, Clear Title

If they has the title "IN HAND" then it will be clear. If they state that they "CAN" get the title after you pay them then it is NOT clear & they are paying off the lean with your payment.

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post #3 of 9 Old Apr 19th, 2011, 7:06 am Thread Starter
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Re: Liens, Encumbrances, Clear Title

So, if I understand correctly, in the US, the title is a physical document that the seller actually can provide to the buyer and if so, there are no liens or encumbrances?

I believe that this is different than in Canada where one can get a bike finance (by say BMW finance) and still have the oridinal ownership papers in hand.

Thank you
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post #4 of 9 Old Apr 19th, 2011, 8:27 am
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Re: Liens, Encumbrances, Clear Title

The bikes and cars that I have bought from the states have all had clean titles. A clean title is a requirement for exporting. On the title document there is an area that lists any lienholders. My assumption is that if there are any liens they will be listed there and once the vehicle is free and clear another title is issued with this area blank.

Have the seller photocopy both sides the title and fax it to you to make sure the title is clear. You will need to fax this clear title (using the appropriate fax number) to the US customs at the border crossing that your are exporting the bike from.

Nick
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post #5 of 9 Old Apr 19th, 2011, 8:56 am Thread Starter
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Re: Liens, Encumbrances, Clear Title

Thank you. I will request a fax copy of the title. Glen
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post #6 of 9 Old Apr 19th, 2011, 10:58 am
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Re: Liens, Encumbrances, Clear Title

A copy will also show if the title is 'branded', e.g. salvage, rebuilt.

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post #7 of 9 Old Apr 19th, 2011, 2:50 pm
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Re: Liens, Encumbrances, Clear Title

make sure you get a copy of front and back of title because I believe any liens are listed on the back.

pm if you want to get a cheap (less than $2) car-fax (autocheck) type report. it may or may not show you everything, but when I searched my bike, it showed the original registration, and reported subsequent sales and mileage accurately (at least coincided with the seller's story).

Last edited by pikax; Apr 19th, 2011 at 2:57 pm.
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post #8 of 9 Old Apr 19th, 2011, 4:59 pm Thread Starter
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Re: Liens, Encumbrances, Clear Title

Thanks for the help. At the moment the seller is having difficulty securing the Recall Printout from his dealer "The service department at my local dealer told me they cannot provide me with a copy of this report. He didn't know why but simply said they're prohibited?"


Will have to see if he can secure it.
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post #9 of 9 Old Apr 19th, 2011, 6:02 pm
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Re: Liens, Encumbrances, Clear Title

I've also bought bikes where the seller had the title, but it still showed a lien. This was accompanied by a letter from the bank (lien-holder) releasing their interest in the bike.

This works, too, and is also a big deal to US Customs when exporting. They get three days (the required 72-hour wait) to confirm this with the bank/lien-holder.

Bummer about the recall letter.

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