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Legal issues. PLEASE READ! need advice asap

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  #11  
Old 06-15-2010 | 09:01 AM
adrenalnjunky's Avatar
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From: West Monroe,Louisiana
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too late for this - never conclude a deal if you can't get the title signed over and notarized at the time of the transaction. All you need is a notary or J.O.P. and their fee is usually less than $30. Never hurts to call the DMV and have them check the title beforehand for leins. While I was searching for my project bike, I was simply amazed at the # of people selling Motorcycles that when asked "do you have clear title in hand" answered with one of the following:

"Well, once you pay me, and next payday comes, then I can pay off the bank/finance company, and get it from them, then I'll mail it to you." (suuuuuuure, this is a $800 bike I'm buying and you have a loan against it?)

"Well, I bought it from my (friend/cousin/brother-in-law) and he said he had the title for it." (This doesn't mean the title is in the other individual's name either, just that they have "a" title. Try finding a 3rd party owner that hasn't seen the bike in 10 years to sign the title over.) helps to know a notary in this situation.

"Well, I never got a title from the guy I bought it from, but my (friend/brother/buddy) says you can just go to the DMV and get them to give you a new title if you have a bill of sale." (no - you typically can't.)


Bonded title is probably your best bet. It basically means you're calling the "posession is 9/10ths of the law" rule into effect. It allows you to register the bike, while the registration/title goes up for anyone to contest its ownership for a period of time - could be 1 year, or more depending on your area. Don't freak out - this isn't really a public thing like an auction, but just a records thing - someone who thought they had legal ownership of the bike would have to go looking for it. As long as it has changed hands legally, a prior owner won't be trying to find it, as they think it is no longer theirs. After the time limitation is up, then the title changes to a clear/clean title in your name.

I know here in Louisiana, there are also provisions for filing for a title if a vehicle has been considered "abandoned" with no clue of who the owner is or anything. the property owner has to sign an affidavit stating that the vehicle has been abandoned on their property for a period of over 2 years. Once you file that, then the DMV will assign a new title.
 
  #12  
Old 06-15-2010 | 09:12 AM
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From: Central Indiana, USA
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I got an old bike and restored it the guy who had it had seized it for over due rent that was never paid. The guy he seized it from had died and they did not know it that was why he never paid the rent. So when I was trying to get the title it had a lien on it by a company that was no longer in business. I had to send a registered letter to the closed company and when it was returned to me as undeliverable the DMV would give me a clear title (I am leaving out a whole lot of other hoops not related to your issue) So if the lien holder is defunct see if that will work.
 
  #13  
Old 06-15-2010 | 09:20 AM
adrenalnjunky's Avatar
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From: West Monroe,Louisiana
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BTW - you should be able to check your title status here:
http://www.nydmv.state.ny.us/titlestat/default.html

Another thing - re-reading your list of steps you have taken, have you tried going to an independent title-transfer company (Not sure if your state allows them), but around here, there are private businesses that can handle title transfers, license plate/registration renewals, and soon, license renewals. Of course they charge you a little to do this stuff, but their fees are reasonable, and the big kicker is that they are typically more willing to help explain all your options to you, cause if they can't help, they don't make any $$$.
 
  #14  
Old 06-15-2010 | 11:00 AM
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From: West Philly, PA!
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The missing part is the name & contact info of who had the loan. That's why the DMV wont touch it.
 
  #15  
Old 06-15-2010 | 03:05 PM
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From: Orlando, FL
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Originally Posted by Kuroshio
The missing part is the name & contact info of who had the loan. That's why the DMV wont touch it.
Yep, basically all the info that is unique to the lein... everything they need.

For future reference, a clean title is one that has no lein on it and that the owner has to hand over at the time of purchase -- which was not the case here.

Sounds like the buyer misrepresented the sale and you could go after him legally. I think I'd at least talk to a lawyer, since the bike is basically worthless on the street without a title.
 
  #16  
Old 06-16-2010 | 03:18 AM
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From: Auburn, AL
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what a hassle, man that sucks bad
good news: the bike is yours.
bad news: you cant prove it yet.



tmorrow:
good news: the bike is still yours.
 
  #17  
Old 06-16-2010 | 10:23 AM
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From: New York
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Originally Posted by Evolution_X
is there anyway i can use the vin number of this bike to get contact information of the original owner?
you can but since the bike is now in the 2nd owners name, then there isnt much you can do besides continue to contact the CURRENT owner which is the guy u got it from

Originally Posted by Kuroshio
The missing part is the name & contact info of who had the loan. That's why the DMV wont touch it.
BINGO.
 
  #18  
Old 06-16-2010 | 10:55 AM
bubba_finch07's Avatar
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From: Tallahassee, FL
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at the bottom of the letter is shows the document # and how to get another for $20 y not do that? Or just get a bonded title.
 
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