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Tractor Talk Discussion Board

Re: Norms of Ownership/Title Documentation


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Posted by Paul n Texas on June 07, 2009 at 13:02:02 from (69.5.209.149):

In Reply to: Norms of Ownership/Title Documentation posted by BLDFW on June 07, 2009 at 09:41:07:

Bill, Texas as you may know is a "Community Property State". Until the divorce is final, she has as much Right to sell as he has. Now, depending on what has been worked out by the attorneys, and the Judge, this may be an item that must go through the court before being sold. It depends on how big their estate is, and several other items, including if there is one or more businesses. Best thing to do, is to talk to the actual owner of the tractor, in this case at this point it appears to be the wife. If it is not in her possession on the property on which she resides, do not go for it. Also, in addition to getting a Bill of Sale (notarized as suggested), make sure it is the woman who has the assumed Rights to it, and not the "Broker". When the time comes to pay and pick up (don"t pay until you go to get it), make sure you have a Sheriff"s Deputy, Constable, or Deputy Constable present to verify what is taking place, and to ward off any trouble in case the soon to be ex-husband arrives. City Police Officers even inside the City do not usually deal with these situations, as they are considered civil actions, and that is enforced and investigated by the Sheriff, or Constable. I would also ask to see any papers for the divorce which have the tractor listed. The Deputy or Constable can run the numbers to see if the tractor has ever been reported as stolen. If all is on the up and up, the seller(s) should not mind providing the info, and allowing you or Law Enforcement to view the papers. Also, in Texas notoraziton only verifies that the person signing is in fact the person they say they are, and not someone impersonating another. I don't think it is a scam, but there are a few things that could back fire. The information I have provided comes from having been a Texas Peace Officer for over 22 years, and having served at one point with an agency in McLennan County. I'm not considered as "expert" as an attorney, but we have to have a very good knowledge to be in the field. Never even wanted to be an attorney, but have dealt with many...


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