what route to take on a repo

[Anthcalega]

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

I helped someone keep their car by paying their debt off to another individual.
Facts: This vehicle actually belonged to this lady's Daughter who is currently in prison who had given her Mother power of attorney, so she could show herself as the legal owner.
I had her sign a loan contract showing the car as collateral
I had her sign a security agreement with this car as collateral
I have sent default notices to the address she gave me
I have put a lien on the car at the local dmv
I have receipts and copies of all the above

I was taking her to the DMV to have herself put on the title as owner but they relocated. I wasn't aware of where the new office was
And we went our separate ways.
I have since learned that she never followed through with the transfer of ownership with the title at the dmv. I assume because she believes this protects her from a repossession.
She does not intend on paying me back. She has never made 1 payment and changed her number. She gave me the wrong address.
Can I still legally do a self help repossession and or obtain a replevlin order -spl? Or do I have no.legal rights now because she isn't the titled owner

 

[justalayman]

Who is your loan agreement with? It sounds like it was with the mother while the car is owned by the daughter.

It sounds like the mother did not enter the contract acting as poa of the daughter but as her own person.

If so, she had no authority to encumber the title as collateral for her loan.


Chances are you’re out of luck.

Now, if you can prove she was acting as poa for her daughter, it’s a different story but the fact she was intending on transferring title to herself suggests her actions were self serving and not as an agent of her daughter.


So, as to the self help repo; I wouldn’t attempt it in a million years. It’s a good way to get arrested given your situation.

Can you sue the mother? Sure. Maybe the court will see it as she was acting as agent for her daughter.

Btw; that means you have to sue the daughter since the contract would technically be with her. Good luck with that of that’s the case.

 

[adjusterjack]

Agree with Justalayman.

You're in the soup.

Nix on self help repo.

You'll have to sue the mother and the daughter.

Even if you get a judgment against one or both, your chances of ever collecting equal the snowball's chance in you know where.

Life lesson from the school of hard knocks: NEVER lend money to anybody who can't pay their bills because, guess what, if they can't pay their bills they aren't going to be able to pay you.