Question:
My roommate bought a car last year from a lady that can't get the title due to a previous lein on the vehicle in another state. The finance company is no longer in business and the dept of transportation will not release it of course due to the lien placed by the now defunct company.
The roommate has now sued the lady in civil court,hearing is set for the 4th of April, does he need to return the vehicle before the court date or at all? I said he can't possess the property and sue for the amount at the same time...but civil cases maybe be different.
Car insurance companies are legal theives! Where is someone to stand up for the little guy?
Also, someone said he could send a certified letter to the company whom placed the lien, if they don;t respond...he could get the judge to issue some kind of injunction to release the title.the car is in the state of Florida along with the civil case, the original title state was Pennsylvania.
Answers:
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There are special rules/regulations for business' going out of business while still holding titles. You will need to contact the State of Pennsylvania rules regarding this. The lady that sold the car, could contact Pennsylvania and find out what is needed to correct the problem, your roomate could possibly go with a "registration only" for a period of three years, then apply for the title if no one has stepped forward claiming ownership(like the former lienholder). I don't know if this program is available in your states, you'll have to call. Also, your roomate should never purchase a car with a lien on it, he/she was wrong to do that, and the lady cannot legally sell the car without the title. You are right, he can't have the car, and his money back also, it's one or the other. I think I would tell the lady the deal is off, give her the car and get your money and move on. Hopefully the court feels the same way, but I think it's going to be more like "buyer beware", the lady likely doesn't have the money anymore, doesn't want the car. Should be interesting how this turns out since both of you are at fault for not completing the transaction proplerly.He'll probably be awarded his money back, and he'll have to return to car to the lady he bought it from.
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Of course he never should have given her any money without a clear title, but if he was dumb enough to take the car and give her the money based on a clear title coming and she was not able to produce said title, there are a couple of choices.As to any letters to anyone, that isn't his job to do. The seller needs to do whatever is necessary to get the clear title, not him. Choices are:
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She can return his money, and he can tell her to come get the car out of his way. This assumes he hasn't put any money into it based on her promise to supply title.
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He can go to court and present his losses based on not following through, which may get him a bit extra for the trouble he went through.
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But again to avoid this in the future, never let the cash out of your hand without a clean and clear title in hand to replace it.
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