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  1. #1
    Join Date
    Feb 2009
    Posts
    13

    Default Paid Cash for a Car With a Lien in Default

    My question involves an auto loan or repossession in the State of: NC

    A car was sold to me through Craigslist, a car that is out for repossession. When the sellers supposed bank found out, they advised me to press charges against the seller. Me being ignorant during the sell ( not drawing up a bill of sale) paid for the car in cash. I know it was a stupid move, but I'd like to know what legal options are available to me. The seller posted the ad under the pretense of the vehicle being theirs and the title was lost. The seller instructed me to go to the DMV with a title form that was filled out with my part remaining, but the DMV rep said it was filled out wrong. Long story short, the ladys or whoever ladys or persons financial company that the car was titled to originally spoke with and informed me the car was out for repo, and to press charges against the lady. They were somewhat even sympathetic of my issue that they were willing to sell the car to me for the amount I bought it for.

    To my eye, now that I look at it, it seems the seller fabricated everything on the form, including the notarized stamp and signature of someone who must've reviewed and approved it. All I have is this form, with the vehicles info on it, her name, address, and someone who "approved it", and her phone number which may be a prepaid phone. I may be wrong though.

    It was a 1996 Ford Explorer XLT, and I paid 900 bucks for it.

    So, I reiterate, what are my options? pressing charges? and how effective would that be? What to expect?

    All in all, I've learned my lesson here.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,848

    Default Re: Paid Cash for a Car With a Lien in Default

    The only way to find out how effective it would be to press charges is to go down to the police station and make a report.

    You can sue the seller for the money you paid for the vehicle, or the money you pay in addition to the purchase price to pay off the lien so you can get clear title, but odds are the guy is no more likely to pay you than he was to pay his lender. With a criminal charge, you have the potential for court-ordered restitution.

  3. #3
    Join Date
    Feb 2009
    Posts
    13

    Default Re: Paid Cash for a Car With a Lien in Default

    thanks Guys.

    FullAuto, It's a V8.

    Mr.Knowitall, you are correct in your last response, so i'll go on to the court house first thing in the morning. My Friend who's knows a cop said I should press charges also, and file a civil suit. I hope the name on this title form is the sellers name, and not someone elses, perhaps the person that sold it to her if thats the case. but an untold and unknown story to say the most

  4. #4
    Join Date
    Feb 2009
    Posts
    13

    Default Re: Paid Cash for a Car With a Lien in Default

    Went to the court house today to do my business. couldn't file because the address on the title transfer slip was in a different county. so I'd have to go all the way there and do it. I met the lady at what was supposed to be her "grandmas" house during the time of the sell, only to find it was an abandoned house. Where the vehicle was posted on craigslist was at a different house to an address she gave my friend who was purchasing it, only to find she doesn't live there. So it makes no sense to pay 130 dollars for an officer to go to these places if she doesn't even live there. I went to the police dept afterwards, they told me to go to the sheriff because I was out of their jurisdiction. Went to the sheiff they told me to go back to the small claims office, only to be redirected back to the sheriffs, who told me i'm pretty much out of luck because there's no bill of sale to be evidenced during court.

    So, i'm 100% screwed.

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,276

    Default Re: Paid Cash for a Car With a Lien in Default

    I would say you are not screwed. You HAVE the car, that's somewhat proof you paid for it, right. You HAVE the craigslist ad (right?).

    Did you go to your bank and withdraw the money? There's proof. All are not bullet-proof proof but are proof.

    Go back and talk to the actual SHERIFF, the elected guy. I would say it deserves him to go and talk to the guy...he might provide further proof.

  6. #6
    Join Date
    Sep 2011
    Location
    Oklahoma
    Posts
    232

    Default Re: Paid Cash for a Car With a Lien in Default

    I can't help you on the legal side, but...

    Is it a 5.0L V8 or a 4.0L 6 cylinder? If it's a 5.0L, the motor will bring a few hundred dollars to Mustang guys. Cut the convertors off and scrap them for the platnium. Scrap the battery for the lead, the radiator, condensor, etc. for aluminum/brass. If the wheels are aluminum, scrap them too. Just the special metals should get you several hundred dollars and the engine will be ~$500 if a V8. The heads are GT40s and the intake is the same as a '93 Cobra intake. You could get $100-150 for the just intake and probably ~$200 for the heads alone. Offer the shell to a junkyard that specializes in trucks or Fords. They mainly want the doors/fenders/headlights/core support anyway. You should be able to part it all out and get your money back or get very close.

  7. #7
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    74,848

    Default Re: Paid Cash for a Car With a Lien in Default

    Unfortunately it sounds like he can't register ownership of the vehicle due to the unpaid lien, and the lender had made clear that it wants to take possession of the car (not the scraps left after it's chopped).

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