Weird situation looking for advice

[Littlehelppleas]

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

I'll do my best to explain clearly.

I bought a truck with my mother in law a few years ago, the loan and registration was all in her name I just made the payments and carried the insurance on the truck. The wife and I divorced 2 years ago but the truck situation remained the same. 2 months ago the now ex in laws and ex wife broke into the secured yard at my shop and took the truck from the yard. I later found out the drove the truck to Oregon and have since sold it. The problem is that I had installed roughly $8000.00 worth of accessories that they did not allow me to get off the truck before they took it back. The accessories include lift kit, wheels and tires, steps, stereo, etc... I offered to return the truck to how we bought it and return it to them or get the loan in my name but because of a short sale and divorce my credit rating was hurt and it was tough to get the loan in my name.

Long story short I want my stuff off the truck or to be compensated for the stuff. I own a shop and have receipts for everything I installed. Is placing a lien on the title an option in this case?

Thanks for any advice

 

[justalayman]

why would you install $8k worth on a truck that you didn't own?

was there any agreement concerning if/when the truck would ever become yours?

 

[Littlehelppleas]

The truck was "mine" for years. I realize the whole situation was a mistake but with ten years of marriage I didn't plan on the divorce. The plan was for me to re finance the truck in my name but they took it before that happened.

 

[sandyclaus]

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

I'll do my best to explain clearly.

I bought a truck with my mother in law a few years ago, the loan and registration was all in her name I just made the payments and carried the insurance on the truck. The wife and I divorced 2 years ago but the truck situation remained the same. 2 months ago the now ex in laws and ex wife broke into the secured yard at my shop and took the truck from the yard. I later found out the drove the truck to Oregon and have since sold it. The problem is that I had installed roughly $8000.00 worth of accessories that they did not allow me to get off the truck before they took it back. The accessories include lift kit, wheels and tires, steps, stereo, etc... I offered to return the truck to how we bought it and return it to them or get the loan in my name but because of a short sale and divorce my credit rating was hurt and it was tough to get the loan in my name.

Long story short I want my stuff off the truck or to be compensated for the stuff. I own a shop and have receipts for everything I installed. Is placing a lien on the title an option in this case?

Thanks for any advice

The truck was "mine" for years. I realize the whole situation was a mistake but with ten years of marriage I didn't plan on the divorce. The plan was for me to re finance the truck in my name but they took it before that happened.

The truck was never YOURS. It was a vehicle that your former MIL purchased, titled and registered in her name, and allowed you to use in exchange for making the truck payments. Any improvements you made were just icing on the cake.

Unless there was some express agreement (preferably IN WRITING) that promised you unfettered access to the vehicle, and allowed for you to make improvements and be reimbursed for them, you're probably going to find yourself out of luck. Without a written agreement that says she has a financial obligation to you, you also won't be able to get a lien against the vehicle.

 

[LdiJ]

The truck was never YOURS. It was a vehicle that your former MIL purchased, titled and registered in her name, and allowed you to use in exchange for making the truck payments. Any improvements you made were just icing on the cake.

Unless there was some express agreement (preferably IN WRITING) that promised you unfettered access to the vehicle, and allowed for you to make improvements and be reimbursed for them, you're probably going to find yourself out of luck. Without a written agreement that says she has a financial obligation to you, you also won't be able to get a lien against the vehicle.

I agree with this advice, but if the amount of the add ons is less than small claims court limits it might be worth suing them for the value of the add ons.

 

[OHRoadwarrior]

I question the legality of the repo. B & E is clearly a breach of the peace.

 

[latigo]

The truck was "mine" for years. I realize the whole situation was a mistake but with ten years of marriage I didn't plan on the divorce. The plan was for me to re finance the truck in my name but they took it before that happened.

Why aren't you replying to justalayman's question, "was there any agreement concerning if/when the truck would ever become yours?

If you cannot establish that there was an agreement between you and the owner (verbal or written) that ownership would be ultimately transferred to you, then the implication is (and perhaps a legal presumption would lie) that it was being loaned and you were making the bank payments as consideration for its use.

Also, assuming that you could NOT prove the existence of an agreement that title would be eventually transferred AND your use of it was found to be a consensual lending of the vehicle;

AND there was no agreement that you could install such accessories or that they would remain your property,

THEN, in my opinion, you would have no claim to those installed accessories.

Your attorney may have a different view, but under the conditions stated above (that is no enforceable agreement to obtain ownership) I think you simply donated those accessories.

 

[Littlehelppleas]

It was definitely an illegal repo. the truck was absolutely intended to be mine eventually. We used her name simply because she wanted to help is out, she got a better interest rate. And at the time it made sense. Hindsight**************. Was never intended to be her truck though. Not sure how I prove that? Nothing was in writing it was all just a family affair with mutual understanding, now it's a ****storm.

 

[justalayman]

It was definitely an illegal repo.

the repo itself wasn't illegal. Maybe how they got it was but not the repo itself. If you have doubts, just keep reminding yourself whose name was on the title. She could have had the police escort her to pick up HER truck. In fact, if she gave you notice to return the truck and you refused, you could actually be charged with a crime.

the truck was absolutely intended to be mine eventually.

and the proof is.....?

.

Not sure how I prove that? Nothing was in writing it was all just a family affair with mutual understanding, now it's a ****storm.

It seems odd that they would just decide to take the truck after TWO YEARS. Were they demanding you refinance the truck so the mother was not liable for a payment for her former son in law and you failed to do so?

If you are so upset about this, why didn't you call the police to report the trespassing or whatever crime took place when they repo'd the truck?

 

[latigo]

It was definitely an illegal repo. the truck was absolutely intended to be mine eventually. We used her name simply because she wanted to help is out, she got a better interest rate. And at the time it made sense. Hindsight**************. Was never intended to be her truck though. Not sure how I prove that? Nothing was in writing it was all just a family affair with mutual understanding, now it's a ****storm.

I think that if it is professionally and competently presented, a lawsuit against this woman can be won!

And not just for the after-market stuff, but for the total value of the truck, including the added stuff. (And perhaps the rental value of the truck from the time she took it the time of trial.)

BUT again, only if the case is presented professionally. Meaning not by you filing in a California small claims court or representing yourself in Superior Court. The legal issues here are to complex for you to understand, let alone successfully argue in court.

Plus, if you lost in small claims that would be the end of it because the plaintiff cannot appeal from a California small claims court decision.

In your first post you were questioning how to get your stuff back or be paid for it. And whether you could place a “lien” on the title. Which to me meant that you were not claiming a right of ownership in the vehicle itself.

But now we’re told that the truck was originally purchased with the intention that it would be your property and that her participation was only for the purpose of obtaining a favorable loan rate. (To which loan, I’m assuming, she never paid one cent, nor did she ever take possession until recently when she stole and sold it.)

And that casts a whole different light on you legal rights.

When and if she is sued for the value of vehicle (which can readily proven by several means, including the price she sold it for- if it is found that it was sold for fair market value) she is going to holler that the title is/was in her sole name.

However, there is a principle of law that under these circumstances can prevent her from asserting her documented right of ownership. It is called "equitable estoppel" and your attorney will explain it to you.

Good luck.

 

[justalayman]

Not that I disagree with your overall assessment latigo, I think there is something missing in this story.

I offered to return the truck to how we bought it and return it to them or get the loan in my name but because of a short sale and divorce my credit rating was hurt and it was tough to get the loan in my name.

It took 2 years for MIL to take the truck. Why? I suspect this was not something that was a real surprise to the OP.


Based on this:

I offered to return the truck to how we bought it and return it to them or get the loan in my name but because of a short sale and divorce my credit rating was hurt and it was tough to get the loan in my name.

It would appear OP was not able to obtain financing. That suggests there have been discussions concerning refinancing the truck to get it out of MIL's name. So, why didn't OP take the stuff off and return the truck prior to MIL taking it? Yet, he locked the truck away, failed to remove the add-ons, and failed to refinance the vehicle and remove MIL's name from the title.

(To which loan, I’m assuming, she never paid one cent, nor did she ever take possession until recently when she stole and sold it.)

stole it? It was in MIL's name. That is proof of ownership. It is rebuttable but it would be considered adequate proof until OP took it to court to prove otherwise.




Littlehelppleas:

what, exactly, was your agreement regarding the truck eventually being put in your name?

 

[Zigner]

I just want to clarify something here...this was not a repo.

 

[Littlehelppleas]

The agreement and situation with the truck was simple. When i was able to I would refinance the truck. It actually gets kinda deep as to why they decided to take it. The talks of me giving the truck to her the only started a few days before they took it. There was a lot more going on that sparked the reaction from them. And not to mention I was speaking with them on the phone while they were taking the truck. I did not k ow they were taking it, we were discussing me removing all the stuff and selling or giving it to them. All of which was agreed upon. Showed up to work and it was gone.

Truck wasn't stored and locked up, I drove it all the time, just happened to behind a locked gate this night.

 

[Antigone*]

The agreement and situation with the truck was simple. When i was able to I would refinance the truck. It actually gets kinda deep as to why they decided to take it. The talks of me giving the truck to her the only started a few days before they took it. There was a lot more going on that sparked the reaction from them. And not to mention I was speaking with them on the phone while they were taking the truck. I did not k ow they were taking it, we were discussing me removing all the stuff and selling or giving it to them. All of which was agreed upon. Showed up to work and it was gone.

Truck wasn't stored and locked up, I drove it all the time, just happened to behind a locked gate this night.

Sounds to me like you "locked it up" because you knew what was about to happen. Bottom line is this: If it is worth your time and money to file the small claim suit, file it. The worse that can happen is you've wasted your time. That truck was never legally yours to begin with. The next time you need a vehicle, buy it with your own credit and in your own name.

 

[Littlehelppleas]

seems irrelevant but on the contrary, i had no idea she was planning to take it. all discussions up to this night were cordial. we had an agreement. i was suprised to see the gate open and the truck gone. first call was to the police.

another irrelevant point is that my business is behind a gate that is locked every night regardless if my truck was in that gate or not. but that night it was behind the gate and had my boat attached to it which was un hooked and left.

she asked me to get it out of her name literally 2 weeks before she took it, was always the intention but none the less she gave me one month to do so. ill give a small break down of the situation so maybe you can understand the emotional side of this and why i believe it happened like this...

married to her daughter for 10 years, tried to get pregnant for 5 of those years unsuccessfully. was hard on her and her mother. we separated for a short time, during that time i found her with my best friend on more than one occasion. we divorced. she married him (good friend for 15+ years). i dated for a while, became engaged about a year and a half after the divorce and my new fiance got pregnant. word got back through our mutual friends that i was expecting and all hell broke loose. for 6 months she tried to get over on everything, alimony, a car that was in my name that i let her keep after the divorce was left uninsured in a field and burned (little suspicious), a boat that she had cosigned for that i had at the time became another issue. i had to sell the boat to relieve her name from it. things that were being handled just fine before were all of a sudden not. mother in law bought me a birthday gift in april and turned into this 3 months later. all very weird and unfortunate. i just want my belongings back or to be paid for them. is that possible or not?