she has the title, in her name. She paid for the motorcycle. She has a signed promissory note that he has not paid. That means he has neither legal title nor equitable title.
I understand your concern here: you read this as a gift. If you want to go that route, it was a conditional gift; he pays the promissory note, which he hasn't, in exchange for using the bike.
In other words; it is a sales contract and not a gift
Touché!
I can see the obvious in arguing a sale over a gift. In fact that was my initial reaction to the post. Yet there are inconsistencies no matter which theory is proposed.
E. g., she doesn’t say she sold him a bike, she wrote that she bought him a bike and gave it to him. But by the same token, - as you astutely reminded me - the taking back of the promissory note is not exactly harmonious with donative intent.
But we are discussing possessory rights. So, again if we set aside DMV’s document requirements and treat the bike as a normal chattel which she indeed sold to him - taking his note in exchange - then ownership would have immediately passed to the buyer and she, the seller is left with the promise to pay the purchase price per the terms of the note.
In other words, not a conditional transaction but an absolute sale as there is no mention of the involvement of a security or title retaining agreement.
Having said that, allow me to move it on step further.
Assume that the guy does have a certificate endorsed in blank by the OP’s seller (which in view of the conflicting statements in her post is arguably possible). Presents the certificate to DMV along with an application and receives a new certificate of ownership in his name.
Now what. What would be her rights? Would she have a security interest in the bike? Could she take it back short of a judgment and writ of execution? I think not.
____________
As my God father and supreme court judge professed:
A friendly argument may be good for the soul, but I’ll take a whiskey soda and good cigar every time.
Here is some worthless trivia.
Years ago a tall lanky and very nervous cattle rancher in his 6o’s came into the office. His story was that he had sold a pickup to a neighbor, signed over the title and took an IOU for the purchase price.
The neighbor kept stalling on the IOU so after six months and no money the client hauled the pickup back to his ranch. The neighbor then went to the county prosecutor and swore out a complaint for larceny. Which was technically proper, right?
Well what had happened and what was making the client sweat was is that he had first seen another local attorney- as sharp and slick as they come – who after hearing the story said:
Well for five thousand dollars I “think” I can keep you out of the state penitentiary!
It took a phone call to the prosecutor and an agreement that my guy would return the pickup, which he did post haste! I neither charged him or heard from him again so I don't know if he ever saw any money for his truck.
He didn't go to prison, however.