Legal advice. Possible fraud.

[92646]

If I understand this right you are the last legal owner of the car or would it be considered in limbo? The reason I ask is if the lien sale was done properly then I think you should have been notified?

[427TJ]

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: 92646</div><div class="ubbcode-body">If I understand this right you are the last legal owner of the car or would it be considered in limbo? The reason I ask is if the lien sale was done properly then I think you should have been notified? </div></div>

I submitted a report of sale with the DMV when the car was paid for two years ago. I suppose my having the title in-hand could mean something* but if a DMV clerk ran the VIN they'd see my report of sale and establish that my buyer had taken possession (de facto) of the car at time of sale (and has therefore been responsible for the car since that date).

I would also assume that if the latest buyer should try to register the car with the DMV (here in WA where I sold it) they would see the report of sale and seek more information. If there was a lien and subsequent sale then the latest buyer would have to provide that paperwork, have it pass muster, and perhaps be able to take legal ownership.

*My still having the title means, to me, that my buyer simply failed to follow-through and take possession of the title (and the car). Yes, I should have sent it right away but my buyer was adamant about coming to get it and then, after communication tapered off, I forgot I even had the title. Follow through is the key and is my lesson learned here.

I'll PM NJSteve and have him chime in if he sees fit.

[njsteve]

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: 427TJ</div><div class="ubbcode-body">
*My still having the title means, to me, that my buyer simply failed to follow-through and take possession of the title (and the car). Yes, I should have sent it right away but my buyer was adamant about coming to get it and then, after communication tapered off, I forgot I even had the title. Follow through is the key and is my lesson learned here.
</div></div>

I would concur with that. He requested you to physically hold the title until he picked it up (within a reasonable amount of time). If the title was signed over to him at the time of sale, where the piece of paper is sitting doesn't affect the transfer of ownership.

The guy calling you could be anybody. If he truly is the nephew you should tell him to get a power of attorney signed, and a certified copy sent to you. That document in effect says that he has the legal guardianship of the ill buyer's personal and business matters. Then you can send it to him via registered/certified mail or Fedex with a signature required. I would not do anything in person. You don't know what &quot;issues&quot; this person may have.

[427TJ]

Thanks Steve. I remember dealing with the buyer's nephew when I sold the car and he calls me from the buyer's phone (caller ID matches). Next time he calls I'll pass along what he needs to do. Thanks everybody for the advice.