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09 June 2009

now what I'm sick of things going wrong. Today is: the old owner of my car DIDN'T have a clear title, and my car just got repossessed because of it. My car. The car I paid cash for. The only car I have.
I'm going to drink and cry for a while.

post by: kellydamnit at: 12:24 | 31 comments

Oh that is ass about the car title. (Although I had the same thing happen to me.)

:(

posted by sperose 09 June | 12:32

what did you do when it happened? I'm on hold with the police now, since I guess what he did was a felony, but I'm at a loss. Should I have a lawyer? (am I ever going to get my car back without paying a fortune?)

posted by kellydamnit 09 June | 12:34

My dad had to make some phone calls and found out that it was a legitimate sale and everything and we did get the car back (eventually). You can probably go after the guy who sold it to you, if you've got all the papers and whatnot. Did you register the car? (They should've been able to find out at that point that the title was dicked.)

posted by sperose 09 June | 12:36

That REALLY sucks. I'm so sorry. You are definitely overdue for some great things to happen.

posted by Kangaroo 09 June | 12:36

I have no advice, kellydamnit, but you have all of my sympathies. I am so, so sorry!!! What a rotten thing to do to someone. I hope you can recoup your losses, and a lawyer might be the right way to go.

posted by redvixen 09 June | 12:36

That's horrible. Of course, you can sue him, but there ought to be a criminal law against such actions too.

posted by Ardiril 09 June | 12:36

if only it was six months later, I'd have a free lawyer! my brother in law is a lawyer in MA, but his reciprocity to NY won't kick in for a couple more months. :(

posted by kellydamnit 09 June | 12:37

Trifecta! Sperose, Kangaroo, and I have impeccable timing.

posted by redvixen 09 June | 12:37

Aw, sweetie, I'm so sorry. That sucks bigtime.

posted by Specklet 09 June | 12:40

Ugh. Lack of clear title is such a mess. And someone completely blameless usually ends up screwed. I wish I could buy you a round.

You should have a lawyer. Call Legal Aid Buffalo and tell them the situation (you're a student, right?) and see if they can refer you to someone, or if they have a self help guide.

Generally, the person who buys something under a misrepresentation of clear title has rights against the person who sold it to them, but not against the person with a superior claim to the titled-thing. Generally. I don't know anything about NY law, so this is not even remotely legal advice.

posted by crush-onastick 09 June | 12:40

gaaaaahhhhhh! That is awful. Awful.

posted by rainbaby 09 June | 12:44

I'm sorry, Kelly. And I agree with the people who are encouraging you to speak with a lawyer.

posted by box 09 June | 12:53

My b-i-l is a lawyer, so I'm going to check with him when he's out of court tonight. Odds are, if this DOES go to court it would be small claims anyways. I talked to the lien company and they said the amount was under $1500.
Still waiting on the cops to call me back.

I hate to say it, but worst case, my dad will give me the money to get it back. I talked to him and he's all for nailing the guy to the wall, but wants me to get the car back first.

posted by kellydamnit 09 June | 12:59

Oh damn, that sucks Kelly. I don't know what to suggest, as the law is so different in the States. But I'm sending you some cyberflowers - a rose bush I photographed at the Brooklyn Botanic Garden the other week. I saw it and immediately thought of you.

≡ Click to see image ≡

posted by essexjan 09 June | 13:01

Bummer - it really hurts to have hassles hit you when you're already down. Glad you've got a good support system - it sounds like it will be a PITA but will get resolved eventually.

posted by Miko 09 June | 13:24

Good grief, that's fucked up. I hope you're able to get it back without too many headaches.

posted by BoringPostcards 09 June | 13:28

Damn. We do lien searches as a matter of course at work, but I wouldn't even think to do it for my own personal purchases.

posted by mullacc 09 June | 13:37

Crap that sucks Kelly. MAN.

posted by richat 09 June | 13:45

So the police who came over said I didn't have a criminal case, but the lieutenant at the station was adamant that I did. I have the name and number for the head of the auto crimes unit, who is off today, I'll call him tomorrow.

I talked to my dad, and it's basically been determined that I may not see my car again, unless I just go to get my stuff. I'm NOT going to pay this guy's old debt- it's about what I paid for the car to begin with. I'd sooner take that money and just get another car. My car was nice, but not worth another $1500 on top of what I paid. I'd sooner just get something else, and go after him in small claims for what I paid him.

My boyfriend is asking his cousin to keep an eye out for used cars. He's a mechanic so he hears stuff sometimes.

posted by kellydamnit 09 June | 14:14

posted by The Whelk 09 June | 14:23

That is awful! Did the police tell you have to avoid this in future? It seems really weird that the DMV would change the title without mentioning the lien. And how did the repo company know where to grab the car from, the DMV told them where you lived?

posted by saucysault 09 June | 14:31

Ohhhh, kellydamnit. *hugs*

posted by brujita 09 June | 14:58

This is like my worst nightmare. Doing everything right and still getting it wrong.

Fingers are definitely crossed for you kelly.

posted by eatdonuts 09 June | 14:59

See my comment on your LJ. (now you know in which order I read things!)

Glad you've got a good support system...

Seconded. Of course, my offer to help still stands, FWIW.

posted by Eideteker 09 June | 15:11

jan- my neighbors have bushes of those roses growing outside between our houses. :)

posted by kellydamnit 09 June | 15:16

Oh my god! That's horrible. Seems you should be able to sue the guy and get your money back, if there's not a criminal case there. Small claims, maybe? But what a freaking pain in the butt.

I will ask my Bflo friends if they know of any used cars for sale.

posted by misskaz 09 June | 15:30

So sorry Kelly, this really blows.

I had some really bad new about my car this morning (although not nearly as bad as yours) so I feel rather crappy too.

posted by special-k 09 June | 15:32

Ugh. Hugs to you.

posted by Stewriffic 09 June | 16:03

So fucked up. I hope it all works out to your advantage, Kelly.

posted by deborah 09 June | 16:31

Just talked to my brother in law. my god, never cross a lawyer.
I know now how to file papers to put a freeze on the title of this guy's house so he can't change the name to his wife or whatever, what legal phrasing to use to do so, and how to present my case in small claims court.

And, he said, since this dude will most likely be "uncollectable" that in my case using one of those "get cash now for a lawsuit judgment" services may be the right way to go in my case, since I'll at least get something, and they'll have to deal with chasing him down.

posted by kellydamnit 09 June | 21:00

Oh wow, that is ridiculous and I'm so sorry. Glad you were able to get legal advice, and I hope it all works out for you.

::hugs::

posted by casarkos 09 June | 23:20

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