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Legal Help Needed!!! (CA Title Issues)

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Old 08-07-2013, 06:37 AM
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E 63S Wagon Renntech, E55 Renntech, SL65, SL 55 030, ML, bunch of old ones--they come, they go...
Also..

one other little thing you may not know...eBay will NOT go to bat for you on a title problem. I know this because I just finished drafting a demand letter for a suit I'm about to file on a similar problem. The second seller (an individual) tried to negotiate a title to my client without getting it in his name. Won't work. It's not a negotiable title. eBay says gee, that's too bad, we don't get into that. I would put a copy of the letter up for you but obviously I cant.

One more time, be careful. Just because he has possession of it doesn't mean he owns it. If he doesn't legally own it, he cant sell it to you or anyone else.
Old 08-07-2013, 06:52 AM
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Originally Posted by moosejaw
Geez
Come after you for tax on a vehicle that's been paid over and over again yet big corporations like Amazon and Starbucks get to avoid corporate taxes

If you think that's bad, when I was living in Massachusetts, you had to pay a yearly tax on each vehicle registered to whatever town you resided in. A vehicle would be taxed $25 on every $1000 that the state said it was worth.

Atleast in Texas we don't pay income tax to the state.
Old 08-07-2013, 08:25 AM
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Originally Posted by Toadster
on a side note - next time use http://www.penfed.org, rates are WAY better
When i picked up my E55 almost four years ago.
I got a better rate than Penfed than BofA. BofA I paid 3.99%. Credit Unions only give their best rates on brand new cars. Cars 2-5 years old get a slightly higher rate. Cars over 5 years get an even higher rate. I think Penfed quoted me 5.99% and my credit score was excellent. They claim it was the car plus I financed 98% of it at the time.
Old 08-07-2013, 10:56 AM
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He's probably going to pass on selling to you, at least for now in hopes of selling to someone else that isn't financing it. Hes not going to want to transfer the title and pay fees and taxes if he can help it.
Old 08-07-2013, 11:08 AM
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You cannot legally transfer ownership of a vehicle if the title isn't in your name. Technically the car would still belong to the estate and the executor could reclaim it and you would still be on the hook for the loan.
Old 08-07-2013, 11:25 AM
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Originally Posted by 3BNick
If you think that's bad, when I was living in Massachusetts, you had to pay a yearly tax on each vehicle registered to whatever town you resided in. A vehicle would be taxed $25 on every $1000 that the state said it was worth.
Remind me never to move the Massachusetts
Old 08-07-2013, 11:28 AM
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Originally Posted by HeissRod
Remind me never to move the Massachusetts
City property tax? We have that twice a year. Hell, I have to pay annual business equipment property tax on the chair I sit in.
Old 08-07-2013, 12:01 PM
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I guess.... Deals like that still successfully happen every single day of the week...

Originally Posted by clkwork
You cannot legally transfer ownership of a vehicle if the title isn't in your name. Technically the car would still belong to the estate and the executor could reclaim it and you would still be on the hook for the loan.
Old 08-07-2013, 02:11 PM
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So here is the deal. I contacted AAA and asked one of their trained professionals. She said to get a "Vehicle Vessels Transfer & Reassignment Form" from AAA. This requires the seller to write in his name on the back of the open title, provide a bill of sales to me (the new owner), and fill out the VVTRF. This will 100% suffice for the state and DMV, however I need to contact my bank to see if this is a route that they are willing to take.

I will be calling the bank shortly but this seems like a viable solution to this problem.

http://www.dmv.ca.gov/pubs/reg_hdbk/ch5/ch5_5.htm
Old 08-07-2013, 04:26 PM
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E 63S Wagon Renntech, E55 Renntech, SL65, SL 55 030, ML, bunch of old ones--they come, they go...
I can only say that would never work in my state.

BTW, how do you and your lender feel about giving $$ to a person whose name is not on the front of title? I suggest that my clients only issue $$ to the person whose name appears on the title...
Old 08-07-2013, 06:32 PM
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Originally Posted by turb0mike
So here is the deal. I contacted AAA and asked one of their trained professionals. She said to get a "Vehicle Vessels Transfer & Reassignment Form" from AAA. This requires the seller to write in his name on the back of the open title, provide a bill of sales to me (the new owner), and fill out the VVTRF. This will 100% suffice for the state and DMV, however I need to contact my bank to see if this is a route that they are willing to take.

I will be calling the bank shortly but this seems like a viable solution to this problem.

http://www.dmv.ca.gov/pubs/reg_hdbk/ch5/ch5_5.htm
Stop this pro se stuff and contact a lawyer. What are you thinking?
Old 08-07-2013, 06:55 PM
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Originally Posted by AgSilver
Stop this pro se stuff and contact a lawyer. What are you thinking?
I just called around and neither a bank nor a credit union will do this unless his name is printed on an actual title. I am about to call him and tell him to register the car or I get my 1k back. I am not at fault, he thought he could outsmart the system and it didn't work.
Old 08-07-2013, 07:07 PM
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Hopefully he will flip it in his name. If he won't then hes just hoping for a cash customer or he is just passing his problem onto someone else.

Be careful with ebay too. Do as much talking as you can thru ebay only. They aren't going to help you on hearsay but they will if they can read all your communications. Good luck, car is beautiful so it would be awesome if he just did it the legal way.
Old 08-07-2013, 07:10 PM
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SO GOOD NEWS!!! Just talked to the guy and he will register the car and sell it to me. He just needs to see that my loan is approved. I was just straight up and said I love this car and I want it, so do the F'ing right thing haha.
Old 08-07-2013, 07:22 PM
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Originally Posted by turb0mike
SO GOOD NEWS!!! Just talked to the guy and he will register the car and sell it to me. He just needs to see that my loan is approved. I was just straight up and said I love this car and I want it, so do the F'ing right thing haha.
Good to hear, he was just trying to sidestep paying tax on the car and it back fired on him. This is commonly known as curbstoning or title jumping.
Old 08-07-2013, 07:22 PM
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Congrats man! Great to hear it will work out.
Old 08-07-2013, 07:25 PM
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Hopefully it turns out for you
Old 08-07-2013, 07:50 PM
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That is good news. Rooting that it works out for you
Old 08-07-2013, 07:56 PM
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Thanks everyone! He was never shady, just didn't want to pay tax. Car is in excellent condition inside and out so just needed to figure out everything. Can't wait!!!
Old 08-07-2013, 09:10 PM
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This "good guy" should have a bill of sale from the original owner although deceased, if not this is a scam. Let this good guy put the car in his name then and only then think about a purchase. For all you or anyone else knows the family is looking for dads' car as we sit here trying to figure out a way to purchase. Like a few have mentioned be VERY WARRY, look elsewhere, get your money back, complain to E Bay this guy is a crook.

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