In re Box (12-40844)
The creditor who financed the debtor's vehicle purchase was named as a lienholder on the vehicle title certificate, despite the debtor not having signed a security agreement. The debtor moved the Court to order the creditor to remove its name from the title. Under Florida law, which applied to this case, notation on a title certificate does not in itself grant a security interest--the security interest must be in a separate, written document. The Court held that the creditor was unsecured and granted the debtor's motion.
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Wednesday, July 3, 2013