Jump to content

Complicated Auto/Law question...input?


99StockGT

Recommended Posts

Alright so here's the short version of this story.

 

* Customer purchased a car from a private seller, brought it in with a check engine light to be fixed within the first couple weeks.

* Applied for temp tags while waiting for title

* Original seller perished

* Customer after receiving the quote for the fix has decided to decline any work being done.

* Vehicle has been abandoned here for 7 months.

* Contacted customer about storage/abandonment/etc they agreed to give us the title of the vehicle however they can't get it due to the original seller being dead.

* Customer has now divorced, neither party is returning phone calls.

 

So.. coming to ya'll for some Automotive Law advice, what direction do we go to get a title for this damn thing?

Link to comment
Share on other sites

We have tried the mechanics lein the problem is it's kind of in a Fast and Furious "No Body's Car" limbo phase right now. Hence the annoying nightmare of this thing just sitting around. Unfortunately the BMV is less than excited about giving out next of kin info to some random shop who comes a callin'.
Link to comment
Share on other sites

So you didn't say what kind of car, but I was thinking demo derby or make it into a shooting target.

 

I saw an episode of counting cars where they turned a ford into a pool table. How about stripping it down and putting it on the roof like an old school diner? Just trying to think outside the box. Good luck.

Link to comment
Share on other sites

Originally owner owns the car and since they have passed , the family will gain possession. Bmv has to mail letters and go through the process that takes about a year for you to get a title. And that's if the family doesn't want it or doesn't respond to the Bmv letters from the clerk of courts. Easiest thing is to part it, sell it without a title, scrap it up into pieces.

Since you don't own it none of those are what we will exactly call legal no matter how it came to be in your procession

Link to comment
Share on other sites

The customer DOES have a bill of sale for the purchase of the car, so that is at least semi useful however they are unfortunately no longer returning calls. Unfortunately there's not much we can do to MAKE someone contact us back.

 

Being as we like having our highly polished reputation the idea of doing something on the darker side of grey isn't at all attractive. Turning it into a racecar IS a tempting idea, would make one hell of a AutoX or Road Racing car however what happens after we've ragged the hell out of it or crashed it into a wall and the customer shows up to take possession? Can't imagine that talk goes well.

Link to comment
Share on other sites

The customer DOES have a bill of sale for the purchase of the car, so that is at least semi useful however they are unfortunately no longer returning calls. Unfortunately there's not much we can do to MAKE someone contact us back.

 

hypothetically, and in no way representing legal advice of any kind, If you had the number of the Attorney who is handling the divorce you could let them know there is this asset (the car) and liability (the repair bill) that could affect his divorce settlement. You could also notify his wife's attorney as well. If he filed for divorce then that contact information is public and you just have to get a copy from the courts. Just saying.

 

Being as we like having our highly polished reputation the idea of doing something on the darker side of grey isn't at all attractive. Turning it into a racecar IS a tempting idea, would make one hell of a AutoX or Road Racing car however what happens after we've ragged the hell out of it or crashed it into a wall and the customer shows up to take possession? Can't imagine that talk goes well.

 

again not legal advice but:

You don't own the car, don't do anything to hurt the car. Don't do anything to make it a racer car. Don't even look at it funny. Park it in the back of the lot and let it sit. Get a folder: put the repair bills in it, and then send the customer a certified letter that he is delinquent on his bill and the car needs to be paid for or you are going to assess storage. Then two weeks later send him another certified letter that you are going to start assessing storage. Then start the mechanic's lien process.

Link to comment
Share on other sites

 

again not legal advice but:

You don't own the car, don't do anything to hurt the car. Don't do anything to make it a racer car. Don't even look at it funny. Park it in the back of the lot and let it sit. Get a folder: put the repair bills in it, and then send the customer a certified letter that he is delinquent on his bill and the car needs to be paid for or you are going to assess storage. Then two weeks later send him another certified letter that you are going to start assessing storage. Then start the mechanic's lien process.

 

This has already been done, and was done months ago. At one point we were in communication with the customer about this issue and they informed us they didn't have the title and couldn't get it now that the previous owner has passed away. So we can't issue a mechanics lien against people who don't have a title, and we can't put a lien against a dead guy.

Link to comment
Share on other sites

This has already been done, and was done months ago. At one point we were in communication with the customer about this issue and they informed us they didn't have the title and couldn't get it now that the previous owner has passed away. So we can't issue a mechanics lien against people who don't have a title, and we can't put a lien against a dead guy.

 

Ah, That wasn't clear from before. Let me think on it, there is a way but I don't know how labor intensive it is.

Link to comment
Share on other sites

This has already been done, and was done months ago. At one point we were in communication with the customer about this issue and they informed us they didn't have the title and couldn't get it now that the previous owner has passed away. So we can't issue a mechanics lien against people who don't have a title, and we can't put a lien against a dead guy.

 

Why can't you put a lien against the estate of the deceased?

Link to comment
Share on other sites

Without a title it can't be crushed, we COULD smash the hell out of it and get it crushed/recycled but then again you have the complications of what happen if/when the "owners" show up and want their car.

 

The lien against the estate is tricky because technically the deceased actually already sold the car to the new owners and the registration is in their name..

Link to comment
Share on other sites

Temp tag is in their name once that is expired there is no registration the original owner who has passed still has 100% legal ownership because the "new" owners are idiots. Do you even want the car or just want it gone?
Link to comment
Share on other sites

Executor of the estate should be able to sign the title over then.

 

Have the new owners address? drop it off there. If not, leave them a voice mail giving them 48 hours to pick it up or let them know it will be removed from your premises.

Link to comment
Share on other sites

Already left plenty of messages with the "new" owners, that didn't get us anywhere beyond the "We'll get the title and mail it to you" about 3 months ago. We would prefer to own the car, fix the issues, then put it up for sale at this point. However depending on how much of a cost/headache this is going to be we may have to go another route.
Link to comment
Share on other sites

you can request the contact info for the "deceased" owner through the BMV:

http://publicsafety.ohio.gov/links/bmv1173.pdf

It may not be good though

 

Once you have that you can go to the to probate court and find out who the executor of the estate is and contact them. Then you can either ask them for the title, to file a lost title claim, or return the car to them and cut your losses.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...