Purchased stolen ATV - Help

[bigchieftaco]

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

I bought my ATV around February 2013. My brother recently registered his ATV so I thought I should do the same so I can ride on public trails with him.
I took the VIN to the courthouse and had them run it. I got the name of the last registered owner and contacted him and his girlfriend via facebook. He never got back to me but his girlfriend has been in contact. She let me know it was stolen almost 5 years ago. He sold it to his friend, who never finished paying for it. They made attempts to get it back but couldn't get in contact with that person. She didn't think he filed a police report or anything.
She just told me they are probably going to take this to court. After 5 years?!
Do I have anything on this? Is it worth going to court? Can I get out of this whole mess?
I don't want to be the one getting screwed here but it looks like I have no options. Please help.

 

[Zigner]

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

I bought my ATV around February 2013. My brother recently registered his ATV so I thought I should do the same so I can ride on public trails with him.
I took the VIN to the courthouse and had them run it. I got the name of the last registered owner and contacted him and his girlfriend via facebook. He never got back to me but his girlfriend has been in contact. She let me know it was stolen almost 5 years ago. He sold it to his friend, who never finished paying for it. They made attempts to get it back but couldn't get in contact with that person. She didn't think he filed a police report or anything.
She just told me they are probably going to take this to court. After 5 years?!
Do I have anything on this? Is it worth going to court? Can I get out of this whole mess?
I don't want to be the one getting screwed here but it looks like I have no options. Please help.

According to what you've posted, it was not stolen. The contract was breached, but it was not stolen. It may be easiest if you can contact that actual prior owner (not the GF) and try to come to some sort of financial agreement so that he signs over title after payment of some amount. Sure, it's not fair, but it may be the simplest thing.

 

[bigchieftaco]

According to what you've posted, it was not stolen. The contract was breached, but it was not stolen. It may be easiest if you can contact that actual prior owner (not the GF) and try to come to some sort of financial agreement so that he signs over title after payment of some amount. Sure, it's not fair, but it may be the simplest thing.

I think you are right. I might try to see what it would take. Its only worth $1500 TOPS.
I just ran the VIN and it didn't come up stolen either so how would anyone who bought it know that it was "stolen".
What would happen in court in your opinion? I won't go either way, not worth the time and $$.

Thanks for the help!

 

[Zigner]

I think you are right. I might try to see what it would take. Its only worth $1500 TOPS.
I just ran the VIN and it didn't come up stolen either so how would anyone who bought it know that it was "stolen".
What would happen in court in your opinion? I won't go either way, not worth the time and $$.

Thanks for the help!

It's not coming up as stolen because it wasn't stolen. It was sold and then the person defaulted on payments. I don't think you're going to get sued over this as the person to be sued would be the guy he sold it to who didn't pay as agreed. Speak to the prior owner (again, not his GF) and try to come to an amicable solution.

 

[bigchieftaco]

It's not coming up as stolen because it wasn't stolen. It was sold and then the person defaulted on payments. I don't think you're going to get sued over this as the person to be sued would be the guy he sold it to who didn't pay as agreed. Speak to the prior owner (again, not his GF) and try to come to an amicable solution.

Well, I mean I think they are trying to get the damn thing back and I'm the one who has it. I feel like since he has the title, that will trump anything.

Edit: I am unable to get ahold of him. He refuses to talk to me. She said they are going to try to get the quad back. Now what? Talk to my county attorney?

 

[RRevak]

Well, I mean I think they are trying to get the damn thing back and I'm the one who has it. I feel like since he has the title, that will trump anything.

Edit: I am unable to get ahold of him. He refuses to talk to me. She said they are going to try to get the quad back. Now what? Talk to my county attorney?

OK let me get this straight: WHO sold you the 4 wheeler? I'm a bit confused as to who did what and when.

 

[Zigner]

Well, I mean I think they are trying to get the damn thing back and I'm the one who has it. I feel like since he has the title, that will trump anything.

Edit: I am unable to get ahold of him. He refuses to talk to me. She said they are going to try to get the quad back. Now what? Talk to my county attorney?

As I understand it, the owner of the quad (Let's call him Bob) sold the quad to a guy (Let's call him Mark). Mark agreed to make payments to Bob, but failed to make all the payments. Some time later, Mark sold the quad to you.

Bob's recourse is against Mark.

Bob's girlfriend has nothing to do with this. Tell her that you wish to only speak with Bob.

 

[RRevak]

As I understand it, the owner of the quad (Let's call him Bob) sold the quad to a guy (Let's call him Mark). Mark agreed to make payments to Bob, but failed to make all the payments. Some time later, Mark sold the quad to you.

Bob's recourse is against Mark.

Bob's girlfriend has nothing to do with this. Tell her that you wish to only speak with Bob.

I love it when you make sense for my poor migraine laden brain today

 

[RRevak]

Do we know for certain Mark DOESN'T have the title? For all we know at this point Mark DOES have the title and is just MIA, GF and original owner are no longer together (might be why original owner is refusing to speak to OP) and GF is just trying to get herself a free 4 wheeler.

 

[Zigner]

Do we know for certain Mark DOESN'T have the title? For all we know at this point Mark DOES have the title and is just MIA, GF and original owner are no longer together (might be why original owner is refusing to speak to OP) and GF is just trying to get herself a free 4 wheeler.

It's as good a theory as any

 

[RRevak]

It's as good a theory as any

I personally agree OP needs to speak only to the original owner and stop speaking to the GF. OP really doesn't know for certain the original owner has the title as the friend could very well have it but just never bothered to register it in his name. While I do know in OPs state its a requirement that 4 wheelers be registered, I also know many people never really bother to do this unless they really need to (which for some isn't often). So unless Op finds and speaks to the original owner (and verifies its indeed the original owner) OP should just sit back and see what this GF actually does. I have a feeling OP might be out of luck with his title and GF is blowing smoke.

 

[Dave1952]

I think it would help to know what the OP has currently in documents. A bill of sale? A title? I hope he has something in the way of paperwork.

 

[bigchieftaco]

OK let me get this straight: WHO sold you the 4 wheeler? I'm a bit confused as to who did what and when.

Okay, I'll stick with the naming scheme as below. Bob sold it to Mark on contract. Mark stopped paying him and at some point sold it to someone else. I don't know how many people had it before I got it but I'm pretty sure I didn't buy it from Mark. (I don't know who Mark is)

As I understand it, the owner of the quad (Let's call him Bob) sold the quad to a guy (Let's call him Mark). Mark agreed to make payments to Bob, but failed to make all the payments. Some time later, Mark sold the quad to you.

Bob's recourse is against Mark.

Bob's girlfriend has nothing to do with this. Tell her that you wish to only speak with Bob.

Bob's girlfriend was actually helpful at first. And after a week worth of talking (a week worth of me bugging her to have Bob call me) she started changing her attitude and saying they are going to take it to court now and he is going to get the quad. I told her numerous times I wanted to speak with Bob but he refuses.
I'll wait to get the court/legal paperwork and go from there.

Do we know for certain Mark DOESN'T have the title? For all we know at this point Mark DOES have the title and is just MIA, GF and original owner are no longer together (might be why original owner is refusing to speak to OP) and GF is just trying to get herself a free 4 wheeler.

I don't know if Bob has it but I'm sure Mark doesn't because that's how she told me it was "stolen". She said he didn't have it because it was technically stolen.

I personally agree OP needs to speak only to the original owner and stop speaking to the GF. OP really doesn't know for certain the original owner has the title as the friend could very well have it but just never bothered to register it in his name. While I do know in OPs state its a requirement that 4 wheelers be registered, I also know many people never really bother to do this unless they really need to (which for some isn't often). So unless Op finds and speaks to the original owner (and verifies its indeed the original owner) OP should just sit back and see what this GF actually does. I have a feeling OP might be out of luck with his title and GF is blowing smoke.

I hope you are right about them blowing smoke but I'm not so sure.

I think it would help to know what the OP has currently in documents. A bill of sale? A title? I hope he has something in the way of paperwork.

I haven't had time to dig through paperwork yet. Right now I have every text and email from the person I bought it from including his cell phone number, street address, and name. I will look for my bill of sale later tonight.

 

[RRevak]

Okay, I'll stick with the naming scheme as below. Bob sold it to Mark on contract. Mark stopped paying him and at some point sold it to someone else. I don't know how many people had it before I got it but I'm pretty sure I didn't buy it from Mark. (I don't know who Mark is)



Bob's girlfriend was actually helpful at first. And after a week worth of talking (a week worth of me bugging her to have Bob call me) she started changing her attitude and saying they are going to take it to court now and he is going to get the quad. I told her numerous times I wanted to speak with Bob but he refuses.
I'll wait to get the court/legal paperwork and go from there.



I don't know if Bob has it but I'm sure Mark doesn't because that's how she told me it was "stolen". She said he didn't have it because it was technically stolen.



I hope you are right about them blowing smoke but I'm not so sure.



I haven't had time to dig through paperwork yet. Right now I have every text and email from the person I bought it from including his cell phone number, street address, and name. I will look for my bill of sale later tonight.

Again, are you even sure there IS a "them"? I'm sorry but if the original owner was so concerned about getting his 4 wheeler back i'm almost certain HE would be the one jumping on the opportunity to speak with you about the matter. The fact that he isn't says he either doesn't care or they aren't even together and she's just looking to scam you. Stop speaking to this potential ex gf now. And i'm sorry unless you've spoken to the ORIGINAL owner, and there are NO reports of the 4 wheeler being stolen, you more than likely don't own a stolen 4 wheeler.

If there was a report of the 4 wheeler being stolen somewhere then you own a stolen 4 wheeler. If there isn't then you have a bunch of people who are just arguing with one another about a broken contract which is of no concern to you. Was the 4 wheeler bought from somewhere out of state (at any point) perchance?