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stolen property with title?

Discussion in 'The Hokey Ass Message Board' started by ykp53, Apr 20, 2011.

  1. chaddilac
    Joined: Mar 21, 2006
    Posts: 14,021

    chaddilac
    Member

    That's right... you have to pursue the person that you bought it from, then they have to do the same thing......
     
  2. 55chevr
    Joined: Jul 12, 2008
    Posts: 985

    55chevr
    Member

    When you register a vehicle at DMV with an out of state title, DMV returns the title to the issuing state for verification. If it is a fraudulent title, law enforcement will show up at your address and seize the vehicle. Whether or not you purchased in good faith, it is someone else's property and will be returned to the rightful owner. In NY there a lot of bad Pennsylvania titles floating around which have caused a lot of good people heart aches.
     
  3. mysteryman
    Joined: Apr 20, 2011
    Posts: 253

    mysteryman
    Member
    from atlanta

    Was this a original title you transferred or like i had to get for my bike through statefarm insurance(a bonded title)cost me 50 bucks but if anyone ever were to try to claim it im covered.at the time i got mine sherrif came out ran numbers on bike nothing showed up so they got me a title.also did this with 96 jeep cherokee
     
  4. bobkatrods
    Joined: Sep 22, 2008
    Posts: 755

    bobkatrods
    Member
    from aledo tx

    Friend of mine had a bonded title car, turns out someone CLAIMED the car a few years later. The person who claimed the vehicle had the choice of the car or the amount of the bond. He chose to take the bond money since he thought that was more than what the car was worth to him.In this case a win- win situation, friend kept the car and rightful owner got paid the amount of title bond. May be B.S, but that was how he told it.
     
  5. Francisco Plumbero
    Joined: May 6, 2010
    Posts: 2,533

    Francisco Plumbero
    Member
    from il.

    Nope! That is not how that works. The bond only covers the states liability for the situation. You bond to protect only the state.
    The bonding company will make a payout only if the vehicle can not be retrieved.The bond is an intermediate policy between yourself and the state and any and all claimants. If the bonding company makes a payout you are liable for the full amount of the payout on the bond. If you have a bond you authorized the bond agent to use what ever means necessary to recouperate their payout.
    A bond is NOT an insurance policy.
    In the case of an older theft the never forgetting mind of the insurance agency is after the car to get back some of the payout rendered, in most cases a car re poed after years will not be returned to the previous owner, it will be offered up at an insurance auction.
    Read your bond application, if you do not understand it take it to an attorney.
     
  6. It amazes me that your local PD can verify that a car is not stolen, the DMV can then go ahead and issue a title. And then several years later if the car is determined to be stolen, the government agencys are able to just wash their hands of the whole mess. Only the government could get away with operating like this. I feel as bad for the buyer who loses his shift as I do for the poor bastad that lost the car in the first place.
     
  7. Hnstray
    Joined: Aug 23, 2009
    Posts: 12,355

    Hnstray
    ALLIANCE MEMBER
    from Quincy, IL

    I am sorry Francisco, but this explanation makes no sense at all regarding vehicles. What "liability" would the State have? Bonds are, by their nature, an "Insurance Policy".

    The Bond company basically says "if such and such specific event occurs we will pay up to the Bond amount to cover losses occurring from such event". There may well be an attempt to recover their loss if it involves criminal activity, fraudulent behavior or failure to perform one's responsibilities but that will be directed toward the person guilty of that action. In the case of a Bonded Title that would not likely be the current vehicle title holder. It would apply more to someone who has been "Bonded" in a Surety situation, as in handling money or documents such as sales tax collection, bank tellers, real estate titles, etc.

    Ray
     
  8. Well, I don't know if I'm the only one here confused or not but I sure am now.

    Is there any mechanism (Insurance, etc.) that will financially protect an individual who honestly purchases a collector car, that is then found several years later to be previously stolen?
    By the way, I'm thankfully NOT in this situation but after hearing about the vette at the loading dock in California several months ago that was stolen in Brooklyn in the 60's and the 56 F100 in California also, it really makes you think.
     
  9. ddawg16
    Joined: Apr 10, 2011
    Posts: 60

    ddawg16
    Member
    from So CA

    First off....about half the adivce here was good....the other half? Well....lets just say that its the stuff that wives tales are made of......

    Second....Georgia is a great state....great people....DMV? One of the worst. At least until recently....now it looks like they are trying to get into the 19th century....case in point...used to, all you needed to get a drivers license was two pieces of paper with your name on it.

    Until the OP answers a few questions....any thing we come up with is pure conjecture.....

    To the OP

    In the 2 years the bike was registered in GA....did any of the previous owners actually register the bike? Is there a chance that Bill sold the bike to Bob, Bob then sold it to Dick....Dick sold it to Harry....and Harry sold it to your friend....who was the first one to actually try to register it in their name?

    If the title was forged....good chance the 2 years of registration was forged as well.

    Possession of stolen property is...well...possession of stolen property....there aint no 9/10ths of the law crap....how would you feel if it was your property that was stolen? You want your shit back...right?

    As for recourse....you go after the person that sold it to you...they go after the person that sold it to them......that is if there were 3-4 people.

    As for the cops in Florida finding out....I'm willing to bet that the bike never was really registered in GA (remember, forged title...forged history?)...so when your friend took it in to get it registered...GA DMV send the info to FL and Bingo....
     
  10. Mr48chev
    Joined: Dec 28, 2007
    Posts: 33,980

    Mr48chev
    ALLIANCE MEMBER

    There have been a number of cases lately where people have had cars that they thought they had clear titles to impounded as stolen and they lost the vehicle.
    30 years ago possession might have been nine points of the law but this day in age that won't hold water and anyone thinking so has been living in the dark ages too long.

    But: did the bike go through any sort of abandoned vehicle auction or how was it cleared by the state? Where is the paper trail with the State of Georgia? Was it presented to Georgia as an untitled bike or had it come from a bill of sale state with registration from there?

    When was it reported stolen? Was it reported as stolen in Florida several years ago or was the report filed in the past few months? If it was just reported stolen lately there is a possibility that the original owner sold it minus title and and someone has now found the old title and since they couldn't find the bike in the shed reported it as stolen. Stranger crap has happened.

    I'm not sure how good any state keeps records of the titles of vehicles in that state anymore but it might be in her best interest to go to the dmv and see if they can document the title as far back as the bike was first titled in Georgia and how it became to be titled there.

    You can bet though that if the State of Florida shows up after the bike they will have full documentation and no bullshit stories in the matter. They will be packing orders to pick up the bike, a copy of the theft report and what ever info they deem necessary.
     
  11. 50dodge4x4
    Joined: Aug 7, 2004
    Posts: 3,534

    50dodge4x4
    Member

    In IL, to go through the bonding process, the state runs all the numbers (you have to identify the source of every major part) against the national stolen car data base before they will move forward on the bonded title. That means that as of the date the bonded title was issued, there were no stolen parts on the vehicle. The state issues a new vin number for the bonded titled vehicle. After 3 years, from the title issue date, that vehicle becomes identified by the state issued vin, not the manufacturers vin. I'm thinking 3 years after the fact, it's in my best interest as far as having someone show up claiming I have a stolen car. I'd feel pretty confident I'm past that issue. Whom ever buys my IL bonded title should have the same sense of security. Gene
     
  12. daddio211
    Joined: Aug 26, 2008
    Posts: 6,012

    daddio211
    Member

    In Utah we just need to call the local police department and request a VIN check. They roll a car out to the location, check the VIN and title and give you a certificate of compliance. That way, you KNOW the car is a safe buy, and if something weird does come up you have paperwork from the PD showing its no fault of yours.

    I'd imagine most states would do the same thing.
     
  13. ykp53
    Joined: Jun 26, 2006
    Posts: 429

    ykp53
    Member
    from macon ga

    I talked to her again today and she bought the bike in flordia and registered it in georgia 2 years ago it has been registered since. She has been sked to contact the flordia police to confirm vin # ect.

    This is concerning for any of us that have bought used cars. It makes me worried that my used cars could end up the same way.
     
  14. Von Rigg Fink
    Joined: Jun 11, 2007
    Posts: 13,404

    Von Rigg Fink
    Member
    from Garage


    I dont think i would do an over the phone exchange of information, how do you know its really a cop your talking to, and not someone scaming Vin#'s?

    Push them to do their job, if they want critical information , tell them your not comfortable giving that information over the phone, police have reciprication abilities,they dont need you to help them get info. Get your local Boys in bule involved, see if the Fla. Police deal is even legit

    Oh but first of all, you have the right to remain silent, and you should do just that, dont implicate yourself whatsoever..The cops wil try to win your trust in them, thats when they got you.
    Get a lawyer involved, now..let them be your mouth piece
    I know the lawyer thing isnt always recieved well, but in this case I would get that ball rolling ASAP
    and when the Supposed Fla. cop calls again, you can tell them they need to talk to your lawyer, same with the local PD

    One thing i have learned, If theres no money in it, the cops dont spend much resources on it...This just sounds like bullshit to me..
     
    Last edited: Apr 21, 2011
  15. Yep. Notice the huge increase in stolen car post on every car site??

    Owners bought their overpriced car with their 125% ditech home equity loan thinking they would flip the car and make $$ just as they planned to do with their home. House value drops, car value drops drops but what did not drop what the high agreed upon value with the insurance company.

    On one Camaro site the owner said he just left the car out in the driveway (which he never does) and left to go to the store and came back and it was gone. Same guy was trying to sell his overpriced car for 14 months on the same site with no takers. HMMMM.
     
  16. sololobo
    Joined: Aug 23, 2006
    Posts: 8,378

    sololobo
    Member

    Excuse me, is that bull shit I smell? Careful kids, so many scams goin on. Best of luck with this goofy ass deal. ~sololobo~
     
  17. 5window
    Joined: Jan 29, 2005
    Posts: 9,550

    5window
    Member

    After 4 pages, I don't like any of this. Bike with a title changed hands 3 or 4 times and at no time did anyone previously question the title?

    Now, out of state, out of jurisdiction, police are calling warning the owner that they will contact the local police to impound the bike? Does it really make sense that the Florida police are hot on the trail of a bike stolen years ago and cleverly traced the title forward, in Georgia, through several exchanges and now are hot on the trail of the current owner, having readily achieved her contact information?

    All this seems very fuzzy to me. While there are quite a few stories of stolen vehicles being reclaimed, most aren't, and most aren't worth more than a brief fling by the local police department before being written off by the insurance companies. The Florida police must be incredibly efficient-or bored.

    I think we need more reliable information from the OP here. Fun to talk about, though.
     
  18. Wrong!!! In the late '70s, I traded a Baja Bug for a Husqvarna dirt bike. The bike was not a street-legal bike, so there was no title required for it in the state I was in. Two weeks later, I get a call from the local cops, saying that my VW had been found abandoned in a town 20 miles away. I told them I had traded that for the bike. They ran the numbers on the bike, and IT had been reported stolen a month prior. So, I got my VW back (with damage, of course!), and I had to give the bike up to the cops. They showed me the police report from the city the bike got stolen in. So, possession is NOT 9/10 of the law when it comes to stolen property. If your statement were true, I could steal your truck and say "hey, it's mine now, it's in my driveway!"
     
  19. 1971BB427
    Joined: Mar 6, 2010
    Posts: 8,765

    1971BB427
    Member
    from Oregon

    Remember that "posession is 9/10 of the law" thing the next time someone steals your car or something. I'm sure you'll have a differrent way of thinking when a thief posesses your car.
     
  20. I can just about bet that the parts are still in the possesion of the local police dept. They need it for evidence in the pending court case. If it does go to court and the fella doesn't cop a plea than the burden of proof is on the govt not on the fella in possesion of the stolen property. Hence the saying. Any good criminal defense attorney will tell you the same thing. No conviction and the pieces go back to the thief.

    I am not saying that it does not make a stolen piece not a stolen piece. I hate a thief as much as anyone, maybe more than most.

    Getting back to the property in question it is pretty rare that the police announce that they are comming by to arrest you and take possesion of stolen property from you. If you got a call today and the fella on the other end of the phone told you that they discovered that your Olds was stolen property and that the police would be over to collect said stolen property what would you do? That is a retorical question. But it is a little counter productive to tell someone that they are in possesion of stolen property and we'll be by shortly to arrest you now isn't it.

    I made the mistake of letting the police get involved on some stolen tools once. 2 years later and they had still not released them from evidence. On a car it goes to the impound yard, have you ever gone to the impound yard to pay the police to give you your car back?
    If so when you did were your trick carbs still attached?
     
    Last edited: Apr 21, 2011
  21. modelaman
    Joined: Nov 26, 2007
    Posts: 114

    modelaman
    Member
    from sunland ca

    why not just contact you local police to see if this is real. tell them that someone called from FL and said they were the police and tell your local police what they said. If it ends up being a scam may be your local police and do a sting on them.
     
  22. I don't think it's any mystery how the cops found the present owner. The op said the bikes been registered for two years already. They just ran the vin through NCIC and it popped up. Not sure about the calling her on the phone part but seeing as it's a bike I'm assuming that the dollar value is not great so I wouldn't be suprised if they expend as little effort as possible here.
     
  23. jville_hot_skater
    Joined: Apr 9, 2009
    Posts: 1,002

    jville_hot_skater
    Member
    from jville

    first off she shouldve looked at the guys license to see if it matched the title...if it didnt ....she shouldve called the local DMV or DOT in georgia before buying and run the numbers to see if it was cleared...thats what i wouldve done
    and she shouldve got a notorized bill of sale proving she paid for it...and the bill of sale should have all the info of the seller.
     
  24. RodStRace
    Joined: Dec 7, 2007
    Posts: 4,067

    RodStRace
    Member

    1. It's interesting the ususal "just stamp some numbers on the frame" guys aren't all over this.
    2. It's also interesting that as mentioned, the gov't agencies involved in all this are never responsible for not identifying a stolen vehicle during the process and falsely titling said vehicle.
    3. Since all states are different, the rules are all over, but if I were to purchase a bond for a title, it should be like a real estate bond. It should protect my interest in the property (car or real) if there is any dispute in the ownership.
     

  25. Agree 150%. What good is a bond if the buyer stil faces the prospect of losing the car and the $$$ if something goes bad.
     
  26. I've never had a cop call me on the phone. They always show up unannounced at the worst possible time. I'd be on the watch for a SWAT team and maybe a couple of firetrucks to show up.

    Bob
     
  27. WildWilly68
    Joined: Feb 1, 2002
    Posts: 1,727

    WildWilly68
    Member

    My thoughts as someone in law enforcement is this, do not give the information over the phone. I have never in 20 plus years called someone on the phone who I thought was in possession of stolen property. If Florida wants to verify the VIN, make sure they do it through the local PD.
     
  28. OK let me clarify something here. It seems that even when I type slow because so many of you donot read and understand English well I have to go back and clarify.

    I never said that possesion does not make something stolen not stolen. I did however say that possesion is 9/10 of the "law". We have a funny thing legally in this country that most states abide by, it is the presumption of innocence. Without the proof of something whether it is stolen property or traffic ticket it isn't so until proven so in a court of law in a legal sense. Legally it is the property of the possesor until such time as it is proven to not be. The burden of proof is not the responsability of the possesor legally the burdon of proof is on the back of the accusor. In most cases that would be the state.

    Does that make it OK to steal from someone? Absolutely not, if someone steals from you even if I don't like you I will be the first one to go with you to get it back. But that won't be in any way legal.

    What we are discussing here is someone who received notice from someone in another state that she was in possesion of stolen property. We infact do not know if that person or persons who did infact contact the person in question was actually in another state of across the street. There is an app for that. We don't even know for a fact that the property in question is stolen just that someone said it is.

    A lot of people will fill your head with whatever they think you will believe in order to get you to give up your most prized possesions. Hell it hasn't been a week that some jack leg tried to hook up and leave with a vehicle in my possesion from my driveway. They said they had a tow order, I still have the vehicle, legally nothing is true until it is proven to be true.
     
    Last edited: Apr 21, 2011
  29. dirty old man
    Joined: Feb 2, 2008
    Posts: 8,910

    dirty old man
    Member Emeritus

  30. Three Widow's Garage
    Joined: Jan 18, 2010
    Posts: 230

    Three Widow's Garage
    Member

    So if the bike happened to be "stolen" from you. And you were to file a report with
    the local PD then wouldn't bolth you and the original owner have equal rights to it.
     

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