Earlier quoted context omitted.
> The title stays with the lender until all the payments are made per the loan agreement. This varies a lot by state. A lot (most?) states the title absolutely goes to the purchaser but it has a lien attached that gives the lender rights of repossession.
Interesting, I thought it was only sent to you after the final loan payment.
That said, physical possession of the paper doesn't really matter to ownership---as electronic retention demonstrates. The owner listed on the title is the owner regardless of who has the paper, and the DMV's electronic records are far more important than the paper certificate (you can just get the DMV to print a new certificate from their records, but of course they'll charge a hefty fee and policy usually prevents doing so when there's a lien).
The physical possession issue is just around the ability to fake a lien release signature and sell the vehicle. For the same reason some buyers won't accept a title with a signed-off lien and want a new "clean" title printed by the DMV first, but others will just verify the sign-off. Dealers usually have direct access to query DMV records and can check whether or not a lien sign-off is genuine that way (relase of lien is reported to the DMV by the lienholder), but private party purchasers don't have such an easy way to do this and are more vulnerable to this kind of fraud. Multi-sale title certificates that have sales logged on the back are also regarded as suspicious by a lot of buyers, and they'll want a new clean one.
That said, I think the GP here is making a big assumption about how courts would interpret the situation. A lienholder has the right to repossess the vehicle as is, by sending a tow truck. Whether or not a court would interpret "remote repossession" as somehow changing the fundamental nature of ownership is an open question and I'm pretty skeptical. It's already not that uncommon for lienholders to install GPS tracking devices with fuel pump cutoff, in which case they have a more limited degree of remote control of the vehicle, and I've never heard of anyone thinking this changes the fundamental owner-lienholder relationship. I just don't think this idea about transfer of liability really holds any water.