BIG problem/legal advice

[Project 77]

I was in and out most of the day, weighing my options for my car when i got a lovely phone call around 9 tonight. Seems there was a leinholder on the title to this CObra II, and this lienholder didn't sign off on the title. seems previous owner owed this guy $2500 for the car and our notery didn't notice the leinholders signature on the title, something the state of Pennsylvania DIDN'T miss. The state notified the lienholder who in turn notified me and previous owner. he wants his money before he'll sign off on the title and the state kicked the title back to said notery till all signatures are secured. previous owner is not answering his phone (shock and awe) and i got a car I can't drive. I guess i'll contact a Lawyer in the AM.

 

[THE COBRAMAN]

I guess we know now why it was so cheap...

That sux...big time. Get a lawyer all over his butt.

I suppose it was a cash deal with no recourse?

 

[cobra_2_76]

Brian... I know you like II's and all that stuff, but with the luck you've been having with this model, I'd suggest saving your penny's and buying a new one directly from Ford!

So did the title bureau tell you when you took it in for a new one or just waited a week to let you know? Maybe it's a PA thing? In Ohio the buyer and seller can go to the title bureau and get the new owner a title immediately before or as the cash changes hands.

Dave

 

[Project 77]

Brian... I know you like II's and all that stuff, but with the luck you've been having with this model, I'd suggest saving your penny's and buying a new one directly from Ford!

So did the title bureau tell you when you took it in for a new one or just waited a week to let you know? Maybe it's a PA thing? In Ohio the buyer and seller can go to the title bureau and get the new owner a title immediately before or as the cash changes hands.

Dave

I pretty much figure if i would buy a new one it would catch fire on the way home from the dealership and trap me inside. We don;t have title bureau in PA...we go to a notery, buyer and seller sign it, it goes to the state who issues a new title. and I would have the title in 4-6 weeks. the notery never noticed the leinholder signature on the title. this clod thinks i'm going to just hand the car over with no money returned to me. i'm so ready to just give up, i can understand back luck but WTF this is nuts

 

[Power Surge]

I'm no legal expert, but I've got a little experiance on the subject, so just take it for what it's worth. If there is a lien on the title, the lienholder is the LEGAL owner of the car. The car could change hands 10 times, and the lienholder would still be the legal owner of the car. What you need to do, is take action RIGHT NOW against the guy who SOLD you the car. Get the sheriffs dept involved in getting ahold of the seller, because you need to get your money back. You need to act NOW, because now that the lienholder is aware of the situation, don't be surprised if he shows up at your door with the Sherriff and leaves with the car.

 

[Project 77]

I had thought of that too....him showing up with Johnny law. i left a message with my Attorney this morning, and talked to the leinholder who isn't really interested with making life hell for me, but he is with previous owner. at this point I just want him off the title or my money back..I left a message with previous owner and told him he had 48 hours to either pay him, or give me my money back

 

[jshcobra]

I'm an attorney in Wisconsin, so I can't really help you with PA law, but I would also have your PA attorney look at potential liability on the part of the notary. I would expect he has errors and ommissions coverage for just this type of mistake.

Good luck.

 

[cobra_2_76]

Good point! Brian you relied on the notary's review and actions that the title was ready to be transfered and released the cash to the seller.

Just may take awhile to clear up.

Ride offer to Nashville still stands too!

Dave

 

[cobra_2_76]

So I'm dying to know what the status of your title is? Any info to share?

Dave

 

[Project 77]

So I'm dying to know what the status of your title is? Any info to share?

Dave

This is what I know so far....My Lawyer sat down with Leinholder's lawyer Friday afternoon. Seems the previous owner owe's Leinholder $1200. I guess lawyers put the squeeze on P.O who finally agreed to pay the $1200. I got this news yestarday morning, SO I am proceeding with caution, it would piss me of to have the motor/flywheel situation corrected to hit a snag but all looks good so far. Let's all hope P.O. comes through and pays the man. If not I gues i'll scrounge the money to get his name off the title then file suit against P.O. and notery