Legal issues. PLEASE READ! need advice asap
#1
06-14-2010 | 08:14 PM
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Legal issues. PLEASE READ! need advice asap
hey guys hows it going? im a little ticked off about this whole situation involving my 01 CBR 600 F4I. let me start with some back round info.
ok so i purchased a used 01 CBR 600 F4I with only 900 original miles on it in non working condition (needed a new fuel pump and gas tank due to the fact that the bike was sitting for most of its life with fuel in the tank) from a private seller in Staten Island New York in September 2009. i bought the bike with $2800 cash with a promise of a clear title and written signed bill of sale signed by the private seller and me. i did not get the title for the bike until months after my purchase because of the fact that the title was in the 1st owners name. after the 2nd owner (private seller from Staten Island that sold me the bike) got a new title witch was under his name, he then sent it out to me. i take the title to the dmv and ask them to change the title into my name, they tell me there is a lean on the bike. i call the private seller (2nd owner) and tell them that i need a letter of lean release. he tells me he will get it asap. months later after calling him frequently and asking for the letter of lean release, he tells me has it. so i pick it up only to find out that it has been damaged in the mail. i did not think this would be a problem because the damage was minimal (see attached image of the damaged document below). after going to the dmv once again with the damaged letter of lean release and the title, they tell me they wont accept the damaged document and i have to get a new one. I call the private seller and tell him that i need a new one because no dmv will accept the damaged letter (i tried 3 different dmv's). once again he tells me he will get it asap. several months later and a million phone calls i am stuck with a bike that is not in my name that i cannot ride sell or register. i cannot deal with this person anymore and im out of ideas.. i am thinking about taking him to court.. what do you think about this? do i have a solid case?
THINGS THAT I HAVE TRIED TO GET A NEW LETTER OF LEAN RELEASE:
- called the financial firm that issued the letter of lean
- the told me that only the account holder of the lean can only ask for a new document
- called multiple dmv's and non of them could do anything to help me
- called the new york dmv and i was SOL
I AM ALL OUT OF OPTIONS! I SIMPLY DONT KNOW WHAT TO DO! PLEASE HELP! any advice /input will help. please helpful comments only! thank you so much in advance.
THINGS THAT I HAVE TRIED TO GET A NEW LETTER OF LEAN RELEASE:
- called the financial firm that issued the letter of lean
- the told me that only the account holder of the lean can only ask for a new document
- called multiple dmv's and non of them could do anything to help me
- called the new york dmv and i was SOL
I AM ALL OUT OF OPTIONS! I SIMPLY DONT KNOW WHAT TO DO! PLEASE HELP! any advice /input will help. please helpful comments only! thank you so much in advance.
ok so i purchased a used 01 CBR 600 F4I with only 900 original miles on it in non working condition (needed a new fuel pump and gas tank due to the fact that the bike was sitting for most of its life with fuel in the tank) from a private seller in Staten Island New York in September 2009. i bought the bike with $2800 cash with a promise of a clear title and written signed bill of sale signed by the private seller and me. i did not get the title for the bike until months after my purchase because of the fact that the title was in the 1st owners name. after the 2nd owner (private seller from Staten Island that sold me the bike) got a new title witch was under his name, he then sent it out to me. i take the title to the dmv and ask them to change the title into my name, they tell me there is a lean on the bike. i call the private seller (2nd owner) and tell them that i need a letter of lean release. he tells me he will get it asap. months later after calling him frequently and asking for the letter of lean release, he tells me has it. so i pick it up only to find out that it has been damaged in the mail. i did not think this would be a problem because the damage was minimal (see attached image of the damaged document below). after going to the dmv once again with the damaged letter of lean release and the title, they tell me they wont accept the damaged document and i have to get a new one. I call the private seller and tell him that i need a new one because no dmv will accept the damaged letter (i tried 3 different dmv's). once again he tells me he will get it asap. several months later and a million phone calls i am stuck with a bike that is not in my name that i cannot ride sell or register. i cannot deal with this person anymore and im out of ideas.. i am thinking about taking him to court.. what do you think about this? do i have a solid case?
THINGS THAT I HAVE TRIED TO GET A NEW LETTER OF LEAN RELEASE:
- called the financial firm that issued the letter of lean
- the told me that only the account holder of the lean can only ask for a new document
- called multiple dmv's and non of them could do anything to help me
- called the new york dmv and i was SOL
I AM ALL OUT OF OPTIONS! I SIMPLY DONT KNOW WHAT TO DO! PLEASE HELP! any advice /input will help. please helpful comments only! thank you so much in advance.
THINGS THAT I HAVE TRIED TO GET A NEW LETTER OF LEAN RELEASE:
- called the financial firm that issued the letter of lean
- the told me that only the account holder of the lean can only ask for a new document
- called multiple dmv's and non of them could do anything to help me
- called the new york dmv and i was SOL
I AM ALL OUT OF OPTIONS! I SIMPLY DONT KNOW WHAT TO DO! PLEASE HELP! any advice /input will help. please helpful comments only! thank you so much in advance.
Last edited by Evolution_X; 06-15-2010 at 08:34 AM.
#6
06-14-2010 | 09:46 PM
Senior Member
Joined: Jul 2009
Posts: 4,471
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From: West Philly, PA!
If the lien has been released, the title is kinda free and clear. You just need the document to get a clear title printed.
If you call him, threatening legal action unless he responds immediately it might get him to respond. The legal action being a lawsuit for the cost of the bike and any legal costs incurred for failure to provide all documentation necessary to complete the sale. Of course, he may go to ground.
If you don't retitle the bike, you obviously can't get it registered in your name nor make it street legal. If you plan on trailering it to a track, that's not a real issue unless a question of ownership is ever brought up. Hopefully you have a bill of sale for it with signatures (preferably witnessed as well).
If you call him, threatening legal action unless he responds immediately it might get him to respond. The legal action being a lawsuit for the cost of the bike and any legal costs incurred for failure to provide all documentation necessary to complete the sale. Of course, he may go to ground.
If you don't retitle the bike, you obviously can't get it registered in your name nor make it street legal. If you plan on trailering it to a track, that's not a real issue unless a question of ownership is ever brought up. Hopefully you have a bill of sale for it with signatures (preferably witnessed as well).
#7
06-14-2010 | 11:24 PM
Senior Member
Joined: May 2008
Posts: 128
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From: Connecticut
Do you have the piece that is missing? You could always try ye ole photocopier. Maybe a carfax would give you the original owners name? Who had a lien on the bike, original owner or S.I. guy? Also if he got a release letter doesn't that mean the lien was paid off? How much time has gone by since it was paid off, At some point conseco finance should update the DMV so it doesn't come up in the computers as having a lien right? Does NY do title searches?
Ok i think i confused myself now, but if that doesn't work, I would definatley try to get a hold of the original owner, as well as threaten and look into legal action on S.I. guy. Something has to work!
Ok i think i confused myself now, but if that doesn't work, I would definatley try to get a hold of the original owner, as well as threaten and look into legal action on S.I. guy. Something has to work!
Last edited by DunnRR; 06-14-2010 at 11:31 PM.
#9
06-15-2010 | 08:25 AM
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#10
06-15-2010 | 08:28 AM
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Do you have the piece that is missing? You could always try ye ole photocopier. Maybe a carfax would give you the original owners name? Who had a lien on the bike, original owner or S.I. guy? Also if he got a release letter doesn't that mean the lien was paid off? How much time has gone by since it was paid off, At some point conseco finance should update the DMV so it doesn't come up in the computers as having a lien right? Does NY do title searches?
Ok i think i confused myself now, but if that doesn't work, I would definatley try to get a hold of the original owner, as well as threaten and look into legal action on S.I. guy. Something has to work!
Ok i think i confused myself now, but if that doesn't work, I would definatley try to get a hold of the original owner, as well as threaten and look into legal action on S.I. guy. Something has to work!