If I remember correctly, selling mortgaged merchandise is a felony in this state. I'd suggest contacting the police dept. or sheriff dept. of where the cash transaction took place.
Well before my ND I was in the early stages of the academy for Clevland County. But my Uncle is a Clevland County Deputy, and my grandfather is a investigator with the DA task force. He is also still a deputy for Clevland County, and he is cross-deputized in every couty in Oklahoma. The wife has a active arrest warrant, and we will be going after her.
I think you can buy or sell something with a lein, it is just transferred with/onto the new title. The only way 'around' the lein is to supercede it with another lein, like a storage or labor lein. The felony might be selling it and keeping the lein from transferring with ownership with a fake lein release.
Three years of storage at $5-15 dollars a day. Another route would be to have you dad get a lein or morgage against the trailer, even if its only on paper.
Cheap lawyer
(its a joke people)
i would be a little leary about handing that title back straight-away. I would want to know more about why the lady lost it, how the scam artist ended up with it, and if the scam artist's wife really had her name on it, HOW did that happen, or was she forging the other lady's name?
This may be a double down and part of the original scam where they get you to transfer a title out to someone else. Not sure how, but it SMELLS to me.
BTW, $33k for a used car? srsly? ouch. Thats a major downpayment on a nice $80k home... and its hard to sell a stolen home.
Sorry about the bad luck though!
(its a joke people)
i would be a little leary about handing that title back straight-away. I would want to know more about why the lady lost it, how the scam artist ended up with it, and if the scam artist's wife really had her name on it, HOW did that happen, or was she forging the other lady's name?
This may be a double down and part of the original scam where they get you to transfer a title out to someone else. Not sure how, but it SMELLS to me.
BTW, $33k for a used car? srsly? ouch. Thats a major downpayment on a nice $80k home... and its hard to sell a stolen home.
Sorry about the bad luck though!
No dude...
I mean "what VIN?... I don't see no stinking VIN. Musta blown off in a tornado."
If it doesn't have a VIN or wheels or anything like that, then it's just a metal building on someones property.
Well, they have to have SOME VIN record, considering they have a title and a license plate. But if you have the title one year/make/model and it can be seen visually that the trailer is another year/make/model, then the missing VIN doesn't matter much. The lien holder can still verify through the manufacture by how the thing was constructed. I.e. if you have a VIN on your Ford Truck, and it says you have a Dodge Neon, one can be pretty confident that it is a Ford Truck and NOT a Dodge Neon. Despite what the VIN tells me.
Aside from the fact that tampering with VINs is pretty criminal.
I have to work with this every day with salvage vehicles (trailers are only slighty different in how they are handled). It's not fun to resolve. And if you plead ignorance, OTC and Law Enforcement generally don't go any "easier" on you.
As others have said, a attorney is necessary here. No way I would try to wing it myself.
P.S.
The exception to the trailer having a VIN is if a modular home is on a foundation, anchored, and otherwise permanently attached (i.e. with brick replacing the skirting), then it can be added to the title and deed of the property rather than being maintained on a OTC title and license plate.
This is only if the lien holder agrees with the transfer (like in cases of assumable mortgages). Even in those cases, I believe the lien is released and then a new lien entered on the property (on the new title or deed).
You cannot just sell a car or house with a lien on the title to another party.
Also, storage and labor liens can be contested by the mortgager in most states. They generally have right to be notified of the charges, clear up the charges and recover the property before the shop or to yard can just assume ownership of the property.
That's a good point, though I suspect the one he has title for may be in a landfill or recycling yard at this point.
I am just hoping that this will get resolved in our favor
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