NO TITLE FOR TRADE IN

[Menfla]

What is the name of your state? What is the name of your state? Florida


Me and my ex wife live in florida , she just traded in our old vehicle for a "SOLD AS NEW" (2018) vehicle in NC.
The new vehicle is now here in florida and the dealer has the trade-in.
The title for the old vehicle is still in my name only.
The dealership sent me paperwork to sign which grants them "Power of Attorney" to transfer the old title to "her name only" and to check for an existing lien which is dmv is still showing on the vehicle (although it was paid off 5 yrs ago).
Also car fax and dmv are showing the new vehicle vin# as "used" and having a previous owner.
What are my legal obligations and recourse options ?

 

[quincy]

Is there any reason why you don't want to sign?

 

[Menfla]

Yes ...
because she is an ungrateful , greedy , selfish , self righteous
woman.
When we got divorced she actually told the judge that she didnt need or want anything from me again.
But I digress .....
I thought we had transfered the title to her name only when we paid the car off years ago , but I guess not.
I have "no intention" of signing the forms , so what happens then ?

 

[quincy]

The dealership can demand you return the new car or sign the old car title - or take you to court over one or both.

I think it best if you sign. You intended to sign the title over to your ex long ago anyway.

 

[Menfla]

Its about principle
Thanks for your help ...

 

[quincy]

Its about principle
Thanks for your help ...

Principle is often not worth the cost.

Thanks for the thanks. Good luck.

 

[HRZ]

HIndsight is perfect .and principal has nothing to do with it. .. EX sold a car she didn't own ...and now she wants the owner to fix the problem? Forget the greedy, selfish comments.... and the divorce order apparently did not give her title to car ...let the EX solve it. The dealership can demand EX return the new car in the meantime . last I heard car titles are important ..so why does not EX return the older car to OP or OP simply go get it? Are not property divisions in divorce supposed to be final.....and if there was a mistake , let EX petition court to solve it .

OR "compensate " OP with good old fashioned $ cash to release title /grant POA as requested.

How does one trade in a car without some pretty clear paperwork that they own it?

 

[quincy]

First, principle not principal.

The dealership messed up but, because the old car was supposed to be signed over to the ex years ago, it would be a fairly simple matter for Menfla to sign the title now. Menfla is not out anything he didn't believe he was out of anyway.

Simple solutions are often the best and the cheapest.

 

[HRZ]

that's a bit of a stretch...that he thought the title was transferred over to her is not the same as the title was supposed to be signed over some years ago...and apparently there was no such sign over as part of divorce. Apparently two combatants in a divorce made assumptions that were wrong.

I just gotta suspect she knew she didn't have title and she induced the dealer to do the trade by withholding critical details ...I agree it would be simple for OP to just sign whatever but if it was a mere mutual mistake why isn't EX being very nice and personally asking for the accommodation signature and bearing a bit of humble pie ...I agree with Quincy primarily because to sign it keeps her out of your life

 

[quincy]

that's a bit of a stretch...that he thought the title was transferred over to her is not the same as the title was supposed to be signed over some years ago...and apparently there was no such sign over as part of divorce. Apparently two combatants in a divorce made assumptions that were wrong.

I just gotta suspect she knew she didn't have title and she induced the dealer to do the trade by withholding critical details ...I agree it would be simple for OP to just sign whatever but if it was a mere mutual mistake why isn't EX being very nice and personally asking for the accommodation signature and bearing a bit of humble pie ...I agree with Quincy primarily because to sign it keeps her out of your life

The key to me is that Menfla believed that the car's title was transferred to his ex years ago. He believed for years the car was hers.

Menfla is not out anything by signing the title now.

Any other action that is taken is bound to reignite anger best left extinguished.

 

[LdiJ]

Yes ...
because she is an ungrateful , greedy , selfish , self righteous
woman.
When we got divorced she actually told the judge that she didnt need or want anything from me again.
But I digress .....
I thought we had transfered the title to her name only when we paid the car off years ago , but I guess not.
I have "no intention" of signing the forms , so what happens then ?

She will take you to court for contempt because she got the car in the divorce. You will get some hefty fines and will probably have to pay her attorney. What you are attempting to do is foolish and petty and just makes YOU look bad.

 

[HRZ]

Apparently per OP the car was not addressed in the divorce ergo no contempt,window ...And factually the title is with OP ....but I agree with Quincy it makes sense to cut the cord and avoid a new firefight by just signing the POA .

I disagree as a layman with Quincy in that I think what they actually did ( or didn't do) as to title is what counts not what he thought they did...but agree quincy's is the wiser path NOT to reignite fires

 

[quincy]

She will take you to court for contempt because she got the car in the divorce. You will get some hefty fines and will probably have to pay her attorney. What you are attempting to do is foolish and petty and just makes YOU look bad.

The car was not said to be part of the divorce. It was simply assumed by both Menfla and his ex wife that the title to the car had been signed over to the wife long ago. Both acted on that assumption, with wife retaining possession of the car after the divorce.

Because both believed the car was the wife's car, signing the title now really does not change their lives in any way.

 

[xylene]

I wouldn't sign without specific assurances / hold harmless that there would be no liability for any liens if found.

 

[quincy]

I wouldn't sign without specific assurances / hold harmless that there would be no liability for any liens if found.

To avoid that problem, Menfla can sign title to the car to his ex directly and not sign any POA.