Vehicle Purchase Went Bad

[bhigg02]

What is the name of your state (only U.S. law)? Arizona

My cituation is: I bought a Van from a friend and sold her my truck because the van wouldn't make the trip to Texas where she was moving. We Signed and Notorized both Titles & gave each other a Bill of sale. When I went to MVD they wouldn't let me transfer the title to my name because there is a hold on the title & I need to call this Detective to straighten things out. The hold turned out to be because she supposedly had the van put in her name by forging the previous owners signature.

Now the Detective is telling me that I need to turn the van back over to the original owner. Which means I lose the van and my truck. When I called the girl she originally said if that were to happen she would return my truck. Now she doesn't answer the phone or her emails.

Do I have to give this van back? and do I have any recource against the girl that sold it to me?

 

[JETX]

Do I have to give this van back?

No, you do not have to. You can park it in your driveway until the city tows it away.

and do I have any recource against the girl that sold it to me?

Yes. Sue her.

 

[outonbail]

If I were you, I'd be driving that van to Texas right now and leaving it in the spot I found my truck parked in. I wouldn't wait and give this charming girl a chance to transfer the ownership of your truck into her name.

You did keep a spare key didn't you?

 

[JETX]

If I were you, I'd be driving that van to Texas right now and leaving it in the spot I found my truck parked in

Ever heard of theft??
Your 'suggestion' would ONLY be valid if you KNEW that the other owner has not transferred the title.... which of course, we do NOT know.

 

[outonbail]

Ever heard of theft??
Your 'suggestion' would ONLY be valid if you KNEW that the other owner has not transferred the title.... which of course, we do NOT know.

We do know that the other person had no legal authority to sign the van over to the OP in the first place. So they acquired the truck by way of deception and fraud. In court, the girl would be ordered to either pay for the value of the truck or return it to the OP. She could also be held accountable for punitive damages for knowingly trading property she had no legal claim to for the OP's truck.

If she agreed to give the guy his truck back, I wouldn't be waiting for her to change her mind, I'd make it real easy for her.

When it all comes out in the wash, the girl was the only one who had any illegal intent here, not the OP. I wouldn't be worried about being convicted of theft because I took my vehicle back from the person who was obviously and knowingly trying to steal it from me.

I'd rather they tried to come after me for a vehicle they deprived me the use of and deprived me the benefit I was to receive for the exchange, by way of illegal means, than have to go after them for money I'll never see.

I really don't think the police would enforce any thief's request to help see the return of stolen property anyway. Not to mention that I can't even imagine any thief asking for help from the law in the first place.

I'd be on my way to Texas in a New York minute. I wouldn't be threatening, violent or force her out of the truck, I'd use the stealth approach.

 

[JETX]

We do know that the other person had no legal authority to sign the van over to the OP in the first place. So they acquired the truck by way of deception and fraud.

True.

However, that has NOTHING to do with your implied advice for the OP to go to Texas and get the truck.
If the other party has already transferred the title to the truck in HER name.... your advice would be auto theft. Definitely NOT something that should be suggested to the OP.

 

[bhigg02]

Title

I'm not sure if she has transfered the title yet nor do I know how to find out. I don't even have the address to where she went in Texas.

The detective I mentioned earlier told me that the Van has benn reported stolen by the original owner last friday. Can he do that not being on the title anymore?

 

[outonbail]

I'm not sure if she has transfered the title yet nor do I know how to find out. I don't even have the address to where she went in Texas.

How were you able to call her?

The detective I mentioned earlier told me that the Van has benn reported stolen by the original owner last friday. Can he do that not being on the title anymore?

Well from what you've posted, he has done that. It sounds like there is much more to this story than you may be aware of. How long had you known this girl? Do you know what relationship she had with the guy who has reported the van stolen?

It does sound unusual for someone to wait such a long time before they would report their vehicle stolen. It takes several weeks for DMV to process the paperwork and mail out a new title.

Additionally I would question how this girl could have came into control of the vehicle's title without the person who is reporting it stolen giving it to her.
Perhaps she was supposed to make payments on it, or trade labor hours or work the value off under some arrangement between the other guy and herself.

So, you need to do a little investigating and fact finding to learn how she came to possess this vehicle and have the title placed in her name weeks before someone reported it stolen
Because, if he went ahead and signed over the title to her, then he would no longer have the authority to report it stolen. He would have to take her to small claims court as it would be a civil matter that shouldn't involve you.

However, if she did steal the vehicle and break into his home to steal the title as well, then he would be a victim and have every right to report the vehicle stolen.

So you need to learn if he actually did sign it over to her and now that she hasn't given him whatever compensation she agreed to exchange for the van, that he is claiming that she forged the title even though he actually did sign it himself.
It just doesn't make any sense to me, for someone to give a person the title without signing it or at least identifying themselves as the lien-holder.

If this person is legally permitted to report the van stolen, then you should also be able to file a stolen vehicle report on the truck, so when she tries to transfer the title, it will come up as a stolen vehicle. You need to get together with the detective, the other owner and possibly a DMV referee so you can work this mess out and you need to do it immediately, so you stand a chance of protecting your interest.