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Repossessing a late model car

Discussion in 'The OT' started by AntAltMike, May 31, 2013.

  1. AntAltMike

    AntAltMike Hall Of Fame

    Nov 20, 2004
    Layman paraphrasing and excerpting of statutes and codes can often neglect the associated due process. There is a difference between void and voidable, and the difference is that if something is voidable, then some agency must undertake some formal action that ordinarily involves giving the subject party of notice to void.

    Similarly, I would expect that statutes regarding reversion of title to the leanholder and subsequent continued possession by the borrower would require that the lending title claimant submit proof of demand for return of the vehicle, unless the borrowing contract contained some arcane clause saying that, if ever the borrower is behind on payments, he agrees to return the car to the lender without notice.
  2. AntAltMike

    AntAltMike Hall Of Fame

    Nov 20, 2004

    Callahan: "...when an adult-male is chasing a female with intent to commit rape, I shoot the *******, that's my policy."

    Mayor: "Intent? How did you establish that?"

    Callahan: "When a naked man is chasing a woman through an alley with a butcher knife and a hard-on, I figure he isn't out collecting for the Red Cross."

    This car owner was discharged from the military (honorably) about a year ago. He had previously lived in Florida, had registered his car at his residence there, and, like lots of people living in Florida, had purchased a car with dark window tint that is not permitted in Maryland. Shortly after he "moved" to Maryland to get a better paying job than he could in Florida, he got pulled by a local cop who spewed out some crap about the window tint, but, as he explains it, that residency waiver for a person in the military extends for 6 months after they are discharged, and now, even though that exception window has closed, he keeps the car registered in Florida just so he won't have to replace all the car windows. I imagine the Florida address that the Florida licensing agency uses is a relative's home.
  3. AntAltMike

    AntAltMike Hall Of Fame

    Nov 20, 2004
    My acquaintence's "excellent adventure" continues...

    In addition to the car with the out of state registration, he also had, parked in his driveway, a big, expensive motorcycle with Tennessee plates that had expired four years ago. One time, when I was lugging tools out of my work van, he had asked me if I could help him get the steering console off it. He said he didn't have the key and that the steering assembly was locked. I looked at it and saw that the steering console was held on by a peculiar "star nut" sunk down into a well, which was surely designed that way just to make stealing a motorbike more difficult.

    I mentioned to him at the time that I thought the local ordinance here about keeping visible, unregistered vehicles on one's property applied to motorbikes as well as to cars, and recommended that he register it. He said that it would take a little doing because he didn't have the title paper, and when I told him about the couple of times I had to replace a lost title paper, he started rambling something about how he had been buying this bike from a guy who had a shop, and he didn't have a receipt for the partial payments he had made, and then the guy's shop where it was stored went bankrupt, but that of course didn't include this bike because he was now actually its owner, but he was having trouble finding the shop's owner to confirm this, etc., etc., etc. But then he added that it didn't really matter because all he had to do was to go to a junk yard and buy any old frame from a junked bike and use that serial number...

    While the proper tool for removing that security nut costs over $80, I found a tool available online for $14 including shipping that I was pretty sure I could modify to do the job and so I bought one without telling him, but before I did, the town Code Enforcement inspector spotted the bike and fined the landlord $100 for the violation and identified that bike by its expired Tennessee plate number in the violation notice. At that point, I became concerned that the local police now, "knew too much" and so I didn't ever attempt to remove the steering assembly, because I was concerned that if he tried to register it fraudulently, the chances of him being caught had now gone way up.

    A month of so ago, he told me that he had met someone with a bike and they were going to swap bikes. Then, a week ago, I saw that there was a different bike parked in his driveway, albeit with no plate on it. I reminded him that he would need to put a manufactured cover over it to avoid being fined again, but he said that wouldn't be necessary because he was just going to go to a junkyard and buy a frame of a junked bike and ... you get the picture. He must have swapped one hot bike for another.

    I noticed a couple of times that there was no bike on the property in the evenings. When I asked him about that, he said he wasn't worried about getting ticketed for driving an unregistered bike because he was sure no cop could catch him. FYI, this small town measures half a mile by half a mile and they survey the entire town several times a day, so it's not like they wouldn't know who was using the bike and where its destination was if they ever tried unsuccessfully to pull him over. Anyway, I saw him walking again today, and when he walked by my house, he came over to me and said that he had taken his bike to the local municipal park and parked it there while he went jogging and when he came back, it had been towed by the police, and now he had to determine if it was the municipal or county police who had it. In this state, a lot of police functions that are done exclusively by municipalities elsewhere are done by the county here, so it can take a phonecall or two to clear some things up, but they use a common dispatcher so it isn't very difficult.

    I forewarned him that in order to get the bike back, he will have to somehow "prove" that it is his. I have a feeling that if and when he attempts to claim that bike, I won't be seeing him driving, riding or even walking for a while...
  4. inkahauts

    inkahauts Well-Known Member

    Nov 13, 2006
    If I where you, I wouldn't help your aquantice with, well, anything... :). Amazing how he doesn't understand what he is doing is, well, for a lack of a better word stupid.

    Sent from my iPad using DBSTalk mobile app
  5. Mark Holtz

    Mark Holtz Day Sleeper

    Mar 23, 2002
    Sacramento, CA
    I have a funky feeling that this "acquaintance" attracts trouble. Apparently, a brick is more intelligent than this guy.

    Meanwhile, I just got my car smogged and paid my registration. Just awaiting for the paperwork to arrive from the DMV. All legal, of course.

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