be angry at yourself for not researching problems with
buying a vehicle that has no title. That is where all the problems started.
signed from whom? Unless the person that sold it to you had legal title, the
courts cannot take that title and transfer it to you.
You would lose on this one. You got what you bargained for: $75 for a bill of
sale. In reality, you are in the wrong with this situation because you asked for
paperwork you were not legally entitled to. Then, you attempted to use that false
paperwork to obtain the title. I believe that would be fraud, so sure, go ahead
and sue the guy because your scheme didn't work.
illegal but why not try. Legalities haven't stopped you yet.
easier? I don't know but the way to obtain title is to have the title transferred
through every owner until it gets to you.
What it sounds like is the person you bought it from had the opportunity to obtain
a title to the motorcycle, assuming the storage facility had the right to sell the
vehicle as an abandoned vehicle, and, of course, followed all the legal
requirements of doing such.
So, that buyer would have filed for a title for a vehicle obtained through such a
sale and then he would have had a title to transfer to you.
Short of going back to the person that sold it to you and having him obtain a
title, and subsequently transferring it to you, the only other actions you might
have are suing that same guy for a rescission of the sale to you due to him not
having clear and transferable title, using this bike for parts, or junking the
thing.
Comment one:
Perhaps you didn't fully understand what I wrote. I am angry because the rightful
and legal owner did not fufill his agreed contract with me not because I didn't
know what I was getting into. I knew this could be resolved but not the steps
involved.
Comment two:
A bill of sale from the owner that FDMV says owns it, a declaratory judgement will
look at who owns it, what signed documents I have and render ownership. With that ruling I go to FDMV and get a title.
Comment three:
I was told by the FDMV in Tallahassee to do this. I have this in writing on their letterhead. Owner ship of the motorcycle was NEVER legally changed hands ever. Physical ownership did but in the interest of who what where, the state of Florida would have said ownership would have been in a virtual state. Meaning JPoole owned it but it was really in another persons hands. Also suing for court costs might work because I sent him another $50 for the title, NOT bill of sale, the check clearly states this.
Comment four:
If circumventing thousands of dollars in legal fees is your idea of a scheme, then its it's a hat I'll proudly wear. This isn't illegal and NEVER has been. You sound like a paralegal who hasn't learned to think outside the box.
Comment five:
Transfer the title through every owner who had it in their possession? Are you
kidding me that's impossible, that's why I called the DMV over it, they said find the owner they have on records and get a title from him.
If he did leave it in a storage facility, not paying his bill, never giving them the title, then the storage facility never went to get ownership and sold it. Then the original owner still has legal rights to it.
If someone other that the legal owner buys it from the storage facility buys it, guess who legally owns it? Then the original (titled) owner still has legal rights to it.
That is why the state of Floridas DMV told me to do what I did. I found the titled owner, asked for a bill of sale then asked for a title, it's not a scheme by any way or side stepping the law, far from it.
What would you do if you found someone ditched a 1915 ford model T (or for that matter a '63 Ferrari GTO) in a field and you find out who owns the property and they say " you can have it but I don't have a title for it."
Are you saying scrap it? oOr part it out? LOL BIG MISTAKE!
No, you go the the DMV of that state and find out who owns it and try to purchase it from the owner if it's not stolen and in your possesion.
I've done that and I'm looking for an alternative way to get ownership.
I think the legal (in the eyes of the state of Florida)owner has died, I know he had heart issues and been in and out of the hospital since speaking with him. His phone number has been disconnected and I can't find him.