Short Answer

In North Carolina, a creditor cannot simply record a lien on your car title without your signature or a court process. Mechanics and towing/storage companies can claim a statutory lien only if they have possession of the vehicle and follow strict notice and sale rules. As the surviving joint owner with right of survivorship, promptly retitle the vehicle into your name with the NCDMV (and request a duplicate title if the paper title is hidden) to secure ownership and reduce the risk of misuse.

Understanding the Problem

In North Carolina, can you prevent someone from recording a lien on your vehicle or changing the DMV title after your co-owner died? You are the surviving joint owner on a paid‑off car titled with rights of survivorship, but a relative is holding the paper title. No estate is open, and you’re concerned about unauthorized liens or title changes without notice.

Apply the Law

Under North Carolina law, vehicles titled as joint tenants with right of survivorship pass to the surviving owner at death. The DMV record controls ownership; the paper title does not. Liens on motor vehicles arise either by: (1) a consensual security interest recorded through DMV with the owner’s signed application, or (2) a statutory possessory lien (for repair, towing, or storage) that requires the lienholder to keep possession of the vehicle and send statutory notices before any sale. General creditors cannot add a DMV lien to your title without your consent or due process. The main forum to secure title is the NCDMV; if needed, the Clerk of Superior Court can certify an assignment in limited situations. A duplicate title has a short waiting period.

Key Requirements

• Survivorship ownership: If the DMV record shows joint ownership with right of survivorship, your co‑owner’s death vests full title in you upon proof of death.
• Retitle promptly: File with NCDMV to issue a new title in your sole name; if the paper title is hidden, request a duplicate title and then retitle.
• No consent, no consensual lien: A creditor cannot record a lien on your DMV title without your signed application or a court order.
• Possessory lien limits: A mechanic/tower/storage operator’s lien exists only if they keep possession and follow statutory notice and sale procedures.
• Estate context: Ordinary estate creditors cannot use the DMV to place liens; they must pursue claims through estate procedures and courts, not by unilaterally altering your title.

What the Statutes Say

• North Carolina Gen. Stat. § 20-52 (Application for certificate of title) – Title applications include an option to create joint tenancy with right of survivorship.
• North Carolina Gen. Stat. § 20-77(b) (Assignment of title on death) – DMV may transfer title by affidavit or Clerk certification; transfer does not prejudice valid existing liens.
• North Carolina Gen. Stat. § 44A-2 (Liens on personal property) – Mechanics/towers/storage providers get possessory liens only while they keep lawful possession.
• North Carolina Gen. Stat. § 44A-4 (Enforcement of liens) – Statutory notice and procedures are required before any lien sale.

Analysis

Apply the Rule to the Facts: Your vehicle is titled joint with right of survivorship, so ownership passes to you at your co‑owner’s death. Because a relative is hiding the paper title, request a duplicate title from NCDMV, then apply to retitle in your sole name using the death certificate. A creditor cannot add a consensual lien without your signature, and a mechanic cannot create a lien unless they have possession and comply with statutory notices—so keep possession and respond to any lien notice promptly.

Process & Timing

1. Who files: Surviving co‑owner. Where: NCDMV or a local license plate agency in North Carolina. What: If the paper title is missing, submit DMV Form MVR‑4 (duplicate title) and then DMV Form MVR‑1 (title application) with a certified death certificate to retitle; if DMV does not show survivorship, consult the Clerk about a 20‑77(b) assignment affidavit. When: Duplicate titles have a short waiting period; NCDMV lists a mandatory 15‑day wait before issuing a duplicate.
2. After NCDMV issues the duplicate/title, keep the vehicle insured and in your possession. If you receive a statutory lien notice from a mechanic/tower/storage provider, review and respond by the stated deadline; if you dispute the charges or possession, act quickly to demand return or seek court relief.
3. If someone wrongfully takes or threatens to transfer the vehicle, consult counsel about seeking a temporary restraining order and claim‑and‑delivery in Superior Court to regain possession and prevent transfer while the dispute is resolved.

Exceptions & Pitfalls

• Check the DMV record: If the DMV does not show right of survivorship, your co‑owner’s share may pass through an estate, changing the process and who must sign.
• Existing recorded liens: If a prior lien is on file, the duplicate title may be mailed to the lienholder; you may need a lien release before retitling.
• Possession matters: A mechanic/tower lien requires possession; avoid relinquishing the car unless you have a clear written estimate/authorization and can promptly resolve charges.
• Estate debt claims: Ordinary creditors cannot unilaterally add a DMV lien; they must use estate and court processes. If a personal representative later claims part of survivorship property to pay valid debts, that happens through legal proceedings—not by changing your title without notice.
• Life insurance: Proceeds usually pay the named beneficiary directly and do not secure vehicle debts; verify the beneficiary with the insurer if there’s a concern.

Talk to a Probate Attorney

If you’re dealing with a hidden title, survivorship transfer, or a threatened mechanic’s lien on your vehicle, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.