Bought Trailer- then its reported as stolen.

Discussion in 'Ask An Owner Operator' started by areelius, Dec 18, 2015.

  1. Allow Me.

    Allow Me. Trucker Forum STAFF Staff Member

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    Grape ape and accidental trucker have it right. When a tow company files to sell a vehicle on a lien sale, proper channels are followed. When they sell it, they own it. You buy in Oct, how can someone report it stolen in Nov ? Person reporting it stolen is the original owner obviously and trying to get something since they were asleep at the switch.
     
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  3. bigguns

    bigguns Road Train Member

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    I hate lawyers but if looks as though you need legal advice. If all goes south you may have recourse against the title company.
     
  4. areelius

    areelius Light Load Member

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    So far your post makes the most sense. It fits the facts. I should know something Monday or Tues. I am not even sure there is a bank involved. But if there is, they should still have no legal claim since it was sold to me after the legal procedure was followed.
    Thanks for your good info and help. I am on edge until this is settled. I will post the results as soon as I find out.
     
    Cledus Snow Thanks this.
  5. CaptainDaveG

    CaptainDaveG Road Train Member

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    Did they give you a title? A clear new title saying they owned it? Nope...is my guess if it is bank owned they will take it back...banks dont lay down real easy...I would also bet theres no bond from the selling party...most bonds are for new trailers....new title equalled all good. I hope you win.


    Be Safe Out There

    Captain Dave
     
  6. powerhousescott

    powerhousescott Medium Load Member

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    Never buy any equipment without researching the title first. I know this is a little late, depending on what you paid for the trailer. Get an attorney, or just use the trailer as a storage box.
     
  7. Cledus Snow

    Cledus Snow Medium Load Member

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    It most likely is the case, I think you are in California, while I don't know the specific laws in that state, that is generally how it works. I'm sure the towing company went through the proper channels, this is their business, and unless it's a small time 2 cent outfit, this ain't their first rodeo.
     
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  8. mtoo

    mtoo Road Train Member

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    This is how I see it went down also. I think after the investigation you will find that the towing company had legal rights to the trailer.

    Don't abandon the thread, let us know what happens!
     
  9. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    Towing company won't stay in business long if they make a habit of selling stolen property, so chances are pretty darn good they followed the law to the letter. Like others, I think the previous owner either wasn't paying attention or thought the tow company was bluffing when they said they'd sell it. When they called the tow company a day late and a dollar short and found out the trailer had been sold, the original owner reported it stolen because in their mind, it had been. Problem (for them) is, the law allows tow companies to do just this in order to clear their lot of vehicles owners either are unable or unwilling to pay the bill or the bill amounts to more than the vehicle is worth so the owner simply abandons it at the tow yard.

    As long as you cooperate with the police investigation, you have nothing to worry about as far as receiving or possessing stolen property. You're doing the right thing by contacting the police and letting them investigate the matter as soon as you learned it MIGHT have been stolen. I wouldn't use it for storage or anything else until the investigation is complete...because at any time, the police might decide the potentially stolen property should be in their possession/impound yard and that means anything you're keeping inside goes to impound as well.

    Just be patient and cooperative, and let the investigation play out.
     
    areelius Thanks this.
  10. areelius

    areelius Light Load Member

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    Nov 9, 2012
    Temecula Ca
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  11. areelius

    areelius Light Load Member

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    Temecula Ca
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    OK; NOW THE REPLY.
    The police finished the investigation and here are the facts.
    1. The trailer was sold to me legally and properly by the towing company
    2. It was not reported stolen until AFTER I took possession.
    3. Whether I transferred it into my name immediately or not would have made no difference.
    4. The trailer does not belong to me even though I have legal paperwork stating it is mine and possession of the trailer.
    5. If I had used the trailer, I would have been arrested on the spot wherever it was discovered, even though I would have had legal title.
    6. The police have taken possession of my trailer and it is going back to original owner.
    7. I am out the $ I paid for it-- and the improvements $ also.
    8. No crime was committed other than the thieves who stole it originally who were never caught.

    I doubt I can sue the towing company for damages, since they committed no crime and followed the rules governing a lien sale. They sold me a trailer they paid nothing for except storage in their yard.

    Lesson Learned: ????? Even if I would have checked the VIN # before purchasing and it was clear, it would have come up stolen later and I would have been arrested!
    YES. I AM SERIOUS THIS IS WHAT PLAYED OUT. It doesn't seem possible but it happened to me.
     
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