[acedeluxe]

Maybe this is a state specific question. I dunno.

I bought the bike in KS in April with a clear title. I took the KS title to Missouri DMV (where I live) and paid the transfer fee, got plates etc. So I'm remembering the other day, that the damn title never came back. I send the wife to the DMV to check on it.

DMV tells ol' lady, the title was rejected by the state because the seller had a lein on it still. When I bought the bike the title had no lein indicated. I don't have the seller's information any more so I can't take issue with him. What the hell can I do?

 

[67GTONUT]

DMV should be able to tell you who the leinholder is.

Write the leinholder, and tell them you purchased the bike from the previous owner, the title showed no lien. Hopefully they will confirm the lien was satisfied, and be able to issue you a "lien release letter", you bring the letter to your DMV, and they should release the title to you.

If the previous lien was NOT satisfied....... you could possibly be screwed, and in for a long fight.

Hope this helps

 

[acedeluxe]

that's good advice GTO, thanks.

If the lein has not been satisfied, I guess the worse case scenario is I'm stuck with the bike ???
I'm just at a loss as to how the physical title did not show a lein.

Problem with sueing the guy is the title purchase price says $2000 to save on taxes, so I'm sure that's the max I could sue for. Kinda screwed myself on that I guess

Hopefully GTO's idea will work.

Anyone else have thoughts?

 

[Randy S]

If the lein has not been satisfied, I guess the worse case scenario is I'm stuck with the bike 

Are you sure that's the worst case scenario?  I was thinking that worst case would be you would have to pay off the loan in order to obtain legal ownership.  Can't a lien holder repo the bike if there is a default on their lien? 

 

[Guest]

This happen to one of my good friends when he bought his bike....It took him a lot of phone calls and about three months It happens...But there's light at the end of the tunnel!  He did just what the guys said, contacted the lien holders and even the previous owner.  Hopefully it all works out for you too!

 

[broke not]

I bought the bike in KS in April with a clear title.

Just wondering......how do you know it had a clear title? Seems to me that if you purchased a vehicle from a seller that had title in hand, and the title indicated right on it that there was no lien holder......then the DMV doesn't have a leg to stand on. I know it's not that simple, (especially when dealing with the DMV), but I pulled out a stack of titles from my file cabinet, and they all say the same thing:

"Any lien recorded in the Office of the Motor Vehicle Registrar against the above described vehicle is shown below and the lienholder hereinafter named is and shall remain Legal Owner of the vehicle until the encumbrance is released or satisfied."

So how did the (sneaky?) seller hand you a clear title with his or her name on it, free of any indication that there was a lien on the vehicle?

If I had issued a loan against the vehicle, or otherwise had accepted it's value as collateral for some other purpose, you can be sure I'd have done the paperwork and had myself listed as a lien holder on the title.....

Grrrr indeed!

 

[acedeluxe]

you're exactly right broke not.

My guess is it's some sort of cheezy cash title loan place or the like who for whatever reason never got put on the title. I wish I still have the KS title for proof, but the DMV has it.

I'll be heading up there in an hour so I'll post up to let you know what I found. Maybe this thread will help someone else with a similar situation.

Thanks for posting up fellas.

 

[andyauger]

Take out a loan using vehicle as collateral. Keep original title and immediately upon receipt of loan sell bike with clear title in hand. This is fraud. However, it's still the buyer's responsibility, to some extent, to ensure that the title is clear. If the DMV still has the KS title you need to try to get your hands on it promptly. A lesson learned hard is a lesson learned best: NEVER give up original documentation of any sort unless you have a good copy. In the case of titles of ownership and things like that it pays to have a notarized copy. Also, if you buy a vehicle from someone don't lose the contact information until you sell the vehicle.

If there was a lien on the bike, the lending institution still has legal posession and the seller is guilty of fraud. Lending institutions don't want to get their stuff back, they just want the money. If worse comes to worse negotiate a reduced price, negotiate hard. 50% of the outstanding balance is a good starting point for them to offer. If the loan is too large, let them have the bike. An expensive lesson.

 

[acedeluxe]

well I just got back from the DMV and talked to the clerk. I found out the lein is by an individual also in Missouri. Apparently Missouri sent him a letter to release the title two weeks ago and have yet to get a response. The clerk said it didn't sound like anything to worry about. She offered to call the Main DMV office personally to find out what action needs to be taken. She agrees that since the title shows free of lein, the alledged leinholder may not have claim.

This made me feel a little better but until I have the clear Missouri title in hand, I'm gonna be pissed

If it goes down like andyauger said, I'll probably have to sue the seller for the sale price listed on the title of $2000 unless the loan balance is something trivial. Either way, unless all is well and it's just a simple error, I'm gonna be fucked

 

[andy4us]

If it goes down like andyauger said, I'll probably have to sue the seller for the sale price listed on the title of $2000 unless the loan balance is something trivial. Either way, unless all is well and it's just a simple error, I'm gonna be f**ked

No you sue for the amount of the lein. It's the person responsibility to clear the title. Get the name of the lein holder, explain the situation and get the persons details from them. Write a demand letter (certified mail etc) laying out the situation and that you want them to make arrangements with the leiin holder to clear the lein within two weeks. Tell them you willl file charges of fraud with the local Sheriff.

You may just have to deal with the fact that you won't get the title for a few months while the lein is payed off.

Andy

 

[Thermionic]

What a hassel. And to think I was worried when I bought my SV off a guy, and I knew he had a lein on it.

Too late for Ace, but what I did was find out what ballance was owed on the lein, and have a cashiers check made out to the guys bank for that ammount, and paid him for the rest of the motorcycle. That way the loan is satisfied, and I just had to get paperwork setteled. Only problem I had was that the guys bank messed up on his address, so it took over a month to get the right papers to take down to the dmv.

Good luck ACE

Chad

 

[acedeluxe]

Whew, thanks to a "rare" DMV clerk, she called me yesterday to give me the heads up. I got the information on the bank claiming lein and luckily it's local. After speaking with the bank today, it was just a paperwork error and they don't have a lein anymore. I left there with a release of lein statement which is all the DMV clerk said the state needed. Holy smokes that could've been much worse. Guess I learned a good lesson easy.

I'd like to thank the guys who responded for taking the time to help me with my issue. This is what makes this board so valuable.

Shane

 

[Guest]

Shane,
Glad to hear that everything worked out.

 

[Randy S]

Don't you love it when things work out like that? Good news my friend.