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Can a lien holder legally sell me a car he obtained from a lien if he has the title signed by the owner?

The guy is a mechanic in Illinois and he claims that a Wisconsin resident gave him the car for repairs. When the owner couldn't pay the repair bill, the mechanic used a lien to get the state police involved and get the guy to fork over the title. The mechanic wants cash for the car and he is offering me the title signed by the owner and a bill of sale. Is this a safe transaction? How can I make sure no one will go after the car once I buy it? Thanks!

Public Comments

1. It sounds like this guy as his own business and is probably ok. Although it does sound a little far out that someone would lose their car over a repair bill I'm sure it can happen.
2. Liens as I understand them are as a rule resolved by the courts and not the state police. You should contact your local DMV. Don't give any money to anyone before you do.You need the papers stating that the lien has been legally satisfied.
3. How is it he has the title signed by the owner ? And why did the police get involved ? Its a civil matter. Typically, when a mechanic files a lien, a new title is sent to HIM and the owner doesn't sign off on it. Its probably ok but I would want to talk to the previous owner and the DMV just to be sure. But, the DMV might want a bill of sale signed by the owner because theres no record on that title of the supposed mechanics lien. I mean, how does the DMV know you didn't just take the car and take the title and have a friend forge the sellers name and make a bill of sale from some 3rd party ? Those are the kind of things that are supposed to be CLEAR when registering a car and it doesn't sound like they are...unless the lien holder has some piece of paperwork included. But if he did, he wouldn't need the owners signature. My issue is once you pay for the car, the mechanic isn't going to be eager to help you because he got paid. Then you could be stuck needing something you don't have and he doesn't have time to fool with you. I would suggest either getting him to come to the DMV with you to make sure there is no problem or holding back $100 till after you register it just to ensure that he has some motivation post sale to help you get what you need. Lots of posters here complain about how once the seller gets their money, they aren't interested in the buyers problems. You want to make sure you resolve it ahead of time or you could be in a position where you cant register the car or get a title that you can sell it with without suing the mechanic.
4. It's called a "Mechanic's Lien" and it's a legal way for the mechanic to take possession of the vehicle if the owner fails to pay for the repairs. The mechanic should have some legal paperwork to go along with the title to prove he had the right to take the car and sell it.
5. A lien is the legal right to take owner ship of a car.