Posted by John T Country Lawyer on September 24, 2010 at 06:00:57 from (66.244.97.31):
In Reply to: Watch Who You Buy From posted by glenn in OH on September 23, 2010 at 20:38:40:
Many of you gents miss the point that THE TRUE AND LAWFUL OWNER ALWAYS PREVAILS IN A COURT OF LAW (as he should) AND THATS REGARDLESS IF YOU HAVE 1000 NOTARIZED BILLS OF SALE WRITTEN IN BLOOD WITNESSED BY THE POPE AND MOTHER THERESA. All that makes no difference if theres a true owner, allllllllll it does is establish you as the current rightful peaceful posessor and can make your title superior to allllllll in the world EXCEPT FOR THE LAWFUL OWNER. Its indeed good to have and I also would insist upon getting a signed bill of sale (with SN and signatures and description and free of liens pronouncements etc etc) as its good evidence you were a bona fide purchaser in good faith and for value. Its also serves as good admissible evidence in any action against the seller. YOU REALLY REALLYYYYYYYYYYY WANT TO GET THAT WHEN YOU BUY PERSONAL NON TITLED PROPERTY.
YOUR LEGAL CAUSE OF ACTION HOWEVER LIES WITH THE DUDE WHO SOLD IT TO YOU......Its he with whom you have privity of contract and he who may have comitted fraud against you.
Private Repo men ARE GENERALLY NOT SHERIFFS OR COURT APPOINTED OFFICIALS althoug the law does allow them to do certain things on behalf of the bank who hired them and who has the lawful right to re posess the car as a matter of contract. You are NOT required, however, to give them anything when they drive up without a court order that says you indeed must. If they want something let them go to court and obtain a court order which a sheriff can serve and thennnnnnnnn if you dont hand it over you may be in contempt of court. HOWEVER in some jurisdictions repo men are indeed authorized as a matter of law to recover personal property if they can do so without "breaching the peace", buttttttttt if the dude runs out and starts a fight kickin n screaming n threating and theres a breach of the peace the law likely says they must back off and leave. Best I recall if they can sneak up n snatch n grab a car off the public streets (and NOT be a breach of peace) its perfectly lawful buttttttt they cant do so if its locked in your garage (they cant break n enter)
Soooooooooo to protect yourself get the descriptive bill of sale to establish yourself as the current peaceful posessor to make your title superior to allllllll except for a rightful owner (like if it was stolen from him) and to provide evidence against the seller if he was guily of fraud and DO NOT peacefully surrender anything without a court order AND YES ITS GOOD TO DO A UCC LIEN SEARCH FOR YOU OWN KNOWLEDGE as if there is none it enforces your rights as a bona fide purchaser in good faith and for value
HOWEVERRRRRRRRRRRRRRRRRRRR WARNINGGGGGGGGGGGGGGGGGGG DO NOTTTTTTTTTTTTTTTTT do as suggested to destroy or part out the tractor because once you have notice there may be a lawful owner out there and/or it may be stolen youre NOT allowed to take the law in your own hands as in equity then you no longer have "clean hands"
Recall from yesterday, you dont need anything (Bills of sale etc) if youre the current peaceful posessor (its yours for now at least) butttttttttt its the dude who shows up and says "hey thats my tractor" that has the burden of going forward and and the burden of persuasion in court. The Bill of Sale helps you as far as insurance claims (and your being a bona fide purchaser) and if it gets stolen from you BUTTTTTTTTTTTT it worthless against a true lawful owner if any exist although they have to establish the same.
Yall take care n God Bless, I dont practice reposessions maybe my friend Mike does, so believe him over me butttttttttttttttttttt I advise you to seek LOCAL TRAINED PROFESSIONAL EXPERT LEGAL COUNSEL in these serious matters over advice found here INCLUDING MY OWN absent all the facts and researching your states laws.........
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