Is my car stolen?

[jwfresh]

I live in Tennessee, on March 03, 2003, I sold a car to someone with a lean on it. I have recieved no money from this person and they have apparently moved to another state. I have had no contact with this person since the sale of the vehicle nor have I recieved a new Title indicating that they have registered the vehicle. Should I report this vehicle stolen?

 

[JETX]

"Should I report this vehicle stolen?"
*** No. Because it isn't stolen. You sold it to someone. If you were to file a stolen vehicle report on it, you might make yourself subject to a charge of filing a false report.

I would suggest you try to locate the individual and consider filing a lawsuit against him.

One question though.... if your car had a lien on it, how did you sell it without clearing the lien?? If you didn't, guess what.... you still get to make payments on the car you no longer have!!

 

[wejeep]

I think what he is saying is he sold the car on payments, please correct me if im wrong. when he did he put a lein on it so when they titled it, the title would come back to him.

Sadly what I see is you are going to have to file a claim against them either in small claims or civil court and hope for a judgment. The reason it is not stolen is you let them take the car with the agreement that they pay you a set amount. so they did not steal it, they did though break a contract to pay you for the car.

 

[Kuscheltier]

When you sold your car did you pay of the lien? If not, the new owner should have officialy taken over the payments and that way the title legally should have changed hands and the car be registered in the new owners name. By the way, was there a papercontract or just a handshake? Less it was done the legal way and you have a written contract, the car is still in your name and you will be liable if anything happens.

 

[JETX]

"When you sold your car did you pay of the lien? If not, the new owner should have officialy taken over the payments and that way the title legally should have changed hands and the car be registered in the new owners name."
*** WRONG!!! The lienholder keeps the REAL (negotiable) title until such time as the debt is paid. The reason this is done is that the lienholder has a security interest in the vehicle, as stated in the agreement between the lender and the borrower. The borrower CANNOT sell the vehicle (and thereby transfer the 'security') without a release of the lien FIRST.

"By the way, was there a papercontract or just a handshake? Less it was done the legal way and you have a written contract, the car is still in your name and you will be liable if anything happens."
*** Not exactly true. Most states provide for several 'legal' ways to record the sale of a car, including a simple bill of sale. If anything were to happen to the vehicle during that time, the seller can show the purchase by the bill of sale and/or receipt.

 

[jwfresh]

My Car

Before I sold the car, I owned it outright. I placed the lien on the title at the time of sale. (tennessee titles have a spot for this at the bottom of the title.) Therefore, upon registration of the vehicle (requires title), a new title should have been sent to me (lienholder) to be transfered once all payments have been made. I didn't think to make a bill of sale. I have since gotten a new title and registration for the vehicle in the event that I have to report it stolen or dispute ownership. I hope this clears things up. Thank you all for the help!

 

[jwfresh]

The UGLY facts

1. The lien is only $575.00
2. I can't afford a lawyer
3. I will probably never see this person again.

So it seems I've been shafted for extending my my kindness to this inividual. I guess my real concern is that the car is still registered in my name. This makes me liable if the vehicle is involved in an accident correct? If so, how do I make this person register the vehicle or can I reposess the car if I do find them?

 

[MKIV]

I have the same problem

but the amount was much higher in the thousands.. I was wondering how did you resolve this.. or did you just write it as a loss.

 

[JETX]

This is an old thread and the writer is probably long gone.

 

[jwfresh]

Unfortunately, I'm going to have to write it off as a loss. In late July I recieved a bill from a towing company in Orlando, FL. It looks like the car gave out on them (probably from neglect) and they abandoned it on the side of the road.....and now I have to foot the bill for towing and storage. That's what I get for being nice and trying to help someone I guess.

 

[jwfresh]

Sorry for the slow reply....I moved and had no internet until today.

 

[MKIV]

I hope that doesn't happen to me.. I'm in the process of taking the guy to court.. I have to retain a lawyer.