That's the safest way to be. I make it a rule never to buy a car with title issues. Without a clear title, you're basically buying a parts car. I'm always seeing people selling cars on craigslist that say "I don't have the title but one can easily be obtained". My response is , "If it's that easy, then YOU get the title THEN I'll buy the car". I feel bad that the OP got burned by the seller but you have to protect yourself.