Chrysler states I do not own my car!!
- Thread starter Harley561
- Start date
If we are ASSuming that the O.P. Harley561 is 100% honest and not being sneaky, has the clear FL title in posession, and did not buy the car off the curb for 50% of fair market value or something to arouse reasonable suspicions, then its HIS CAR. FL SAYS SO.
Move it wherever you feel it is the safest.....but it does not sould like his DRIVEWAY or Workplace would be too safe right now... 2 entities are motivated to REPO it !
If the lender thought 90% they had a legal leg, the process server would have been accompanied the RePo truck.
WHASSUP HARLEY? This sitcom gets MY VOTE for Viper-Weird # 1 for 2010..
^^ Exactly. If they knew that they could repo it, they would have. Sounds to me like someone at CFC didnt do their paperwork, the car slipped through the cracks two owners ago, and now that they have located the car, they are attempting to "scare" you info helping them repay their mistake.
Not sure if this was said before, but I would go on major offensive against the MB Dealer. They took the car in and, once doing so, are then representing that the car title was clear. By selling you the car, they are stating that they own it. The dealer, saying best of luck, is bull! They are the ones that must make you whole. If nothing else, they should take the car back, return all the money you spent plus any Lawyer fees. They then should be going after the guy that traded the car into them in the first place...though it does sound like the towing company that did the auction is at fault.
You should begin a law suit to show that you mean business and, hopefully they will back off. Regardless, they cannot just leave you out to dry!
Talk to your lawyer and, it wouldn't hurt to call the Attorney's General in your area to join in. They would not only be able to help you sort of the applicable laws, but may assist you.
Best of luck!
You should begin a law suit to show that you mean business and, hopefully they will back off. Regardless, they cannot just leave you out to dry!
Talk to your lawyer and, it wouldn't hurt to call the Attorney's General in your area to join in. They would not only be able to help you sort of the applicable laws, but may assist you.
Best of luck!
The Mercedes dealer has a fiduciary responsibility to sell you a car that is free and clear of liens period. I would get an attorney and file a suit against the MB dealer for misrepresenting sale of goods and CFC for harrasment. When you are through, you can have a field full of ACRs. Good luck.
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GBS
Enthusiast
That really *****. I hope everything works out for you. I would definitely go after the dealer that sold you the car.
I have been thinking about this abit and the only reasonable way I can figure that any of this could have happened is if CFC somehow didn't get the lien put on the original title properly. It also seems that the Original owner, tow company, and second owner that passed it on the the dealer all knew what they where doing. I would wager yours is not the only car in the area with a story like this. Sounds a bit like money laundering with cars. Take a financed car, do a quick title flip, trade it in on a new less expensive car for a new car with clean title free and clear.
maxdaddy
Enthusiast
If the tow company posted it as they claim it might stop there,just because cfc says they called they will need alittle more than that..You would think they to would have letters sent and retreived from the towing company stating it went back to the first owner. I would not release that car! Hide it! sorry to hear this and try not to stress! good luck!
dont buy used cars based on the 1/1000000000000000000 chance something like this could happen - check
buy brand new cars straight cash - check
tell others that cant do the same to get "real jobs" - check
baller status achieved.
Chrissss
Viper Owner
Correct. This has nothing to do with receiving stolen property. This is not a criminal claim but a civil one. I can't see how you be liable in any sense. When a civil claim is made, all parties down the line are listed as a matter of routine filing to see who ponies up first. I think you will be fine.
FastZilla
Enthusiast
I can't resist...
Insure that thing for $100k stated value - market value + sentimental value + incidentals (TT&L, shipping, etc) = stated value. Wait 2-4 weeks (you will have plenty of wait time in a case like this). I know it's a long drive but consider a road trip to historic Laredo, Texas. It's quite beautiful and warm there this time of year. Don't forget Tamale fest and the historic new years celebrations - a very cultural event & experience. Spend the night in a downtown hotel - you don't want to drive drunk down there. Also leave the car parked on the street at a paid meter or unattended self-pay lot - you will be a much closer walk to the hotel lobby. Be sure to lock up! Just in case.
When you come out in the morning your problem will be gone, forever. Call Laredo PD 1st, insurance 2nd.... Buy new Gen4 3rd.
I'm just sayin....
Insure that thing for $100k stated value - market value + sentimental value + incidentals (TT&L, shipping, etc) = stated value. Wait 2-4 weeks (you will have plenty of wait time in a case like this). I know it's a long drive but consider a road trip to historic Laredo, Texas. It's quite beautiful and warm there this time of year. Don't forget Tamale fest and the historic new years celebrations - a very cultural event & experience. Spend the night in a downtown hotel - you don't want to drive drunk down there. Also leave the car parked on the street at a paid meter or unattended self-pay lot - you will be a much closer walk to the hotel lobby. Be sure to lock up! Just in case.
When you come out in the morning your problem will be gone, forever. Call Laredo PD 1st, insurance 2nd.... Buy new Gen4 3rd.
I'm just sayin....
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sssammm
Enthusiast
In the UK, the onus is on the dealership to do their homework, if you buy a vehicle from a dealer and there is the slightest problem with outstanding finance, undisclosed insurance damage etc, the dealer is liable, for example, if the same thing happens here, the dealer has to cough up, they should have done their job, you obviously paid a premium buying it through a dealership, that premium is for protecting the customers interests.
I therefore would draft a letter to the MB dealership giving them notice, that under the terms and conditions of supplying you a car and protecting your intersests, which they have not done, due to the fact the car has not clear title, and was not theirs to sell, you will give them 14 days to refund all your money and costs and you will return the vehicle to them, then at least you have put it on record that you have given them the option to sort it out.
Dont waste your time on the fone, they are used to bully boy tactics, beat them with the brain
I therefore would draft a letter to the MB dealership giving them notice, that under the terms and conditions of supplying you a car and protecting your intersests, which they have not done, due to the fact the car has not clear title, and was not theirs to sell, you will give them 14 days to refund all your money and costs and you will return the vehicle to them, then at least you have put it on record that you have given them the option to sort it out.
Dont waste your time on the fone, they are used to bully boy tactics, beat them with the brain
Sellshomesdrivesviper
Enthusiast
Best advice, get a competent attorney who has an intimate understanding of your current circumstance.
Would love to hear about it more since I live down here, call the local TV stations, newspapers, etc.
Bad press is not a good thing for MB of Delray or CFC, I'd start talking to the people who can get the word out. It sure would be a **** story, with a Viper in the video and photo shoots which would make it even more ****.
Would love to hear about it more since I live down here, call the local TV stations, newspapers, etc.
Bad press is not a good thing for MB of Delray or CFC, I'd start talking to the people who can get the word out. It sure would be a **** story, with a Viper in the video and photo shoots which would make it even more ****.
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Great idea. Then we all get to pay for it instead of the guilty parties.
So, looks like most agree....SUE THE MB DEALER. It is their problem and either they put a claim into their insurance or has to sue either the person who traded the car in (another shame) or go after the towing company. Not sure legally, whether MB can go after the towing company. Seems to me, that Chrysler Finance, obviously sleeping on the job (and should own up to it), should be suing the towing company for illegal auction of the car in the first place.
I'm not a lawyer, so this is my opinion based on some past experience, but you should be made whole...either allowed to keep the car or ALL your money is returned in full by MB. And, if Chrysler screwed up, they should be held responsible financially in some way.
Regardless, I feel for you, as no matter what this has been and is a pain for you!
I'm not a lawyer, so this is my opinion based on some past experience, but you should be made whole...either allowed to keep the car or ALL your money is returned in full by MB. And, if Chrysler screwed up, they should be held responsible financially in some way.
Regardless, I feel for you, as no matter what this has been and is a pain for you!
musclenutz
Enthusiast
No,everyone cannot work hard ,save their money and buy a brand new lambo anytime they want...It isn't that easy my friend,no matter what the economy is at the time. Their are plenty of folk who work their lives away and still cannot afford luxury. To just throw that logic out is not only silly it is rediculous. It is nice when things work out that well in someone's life and sometimes things do,but please don't insinuate all the millions who work hard and try to save and do their level best but just seem to never get ahead are somehow lacking. I know plenty who work harder by accident than most do on purpose,and yet still have very tough lives and never roll in luxury.That's a very arrogant thing to say friend.
In addition to speaking with a lawyer competent in this area of the law, you might wish to notify your insurance company of the problem. It might be covered by your insurance ( auto or homeowners - check both policies) and if it is the insurance company will defend at their cost subject to any deductible that may apply. Remember when you insured the car, the insurance company runs its own check on the VIN number and the title. So if something is in fact wrong, they did not catch it either. Good luck!
That's a great point on the insurance company. Seems all did a title check and was clean...final responsibility - possibly fraud - would be the towing company. Again, not to be redundant, but I would contact your Attorney's General as this could be a criminal case.
Though I didn't want to comment on the "work hard" piece, I think there are lots of people in the VCA who are not "rich" or work 80 hour weeks. Speaking as a family man who has two young kids, house, etc., we could only afford to buy a used RT and I feel quite priviledged to actually own a car like this. So, in my life situation, the car is not a priority (mods) and all family related expenses come first. Doesn't matter if you think you will work hard and save, we all work hard but that doesn't mean one can save $80-100k to buy a new Viper no matter how badly one would like to.
Just my opinion!
Though I didn't want to comment on the "work hard" piece, I think there are lots of people in the VCA who are not "rich" or work 80 hour weeks. Speaking as a family man who has two young kids, house, etc., we could only afford to buy a used RT and I feel quite priviledged to actually own a car like this. So, in my life situation, the car is not a priority (mods) and all family related expenses come first. Doesn't matter if you think you will work hard and save, we all work hard but that doesn't mean one can save $80-100k to buy a new Viper no matter how badly one would like to.
Just my opinion!
97GTS
Enthusiast
If this is true then the Dealer would be charged with "Sale of stolen goods". I would think they would pay whatever it takes to keep THAT word from getting out.
As far as you are concerned, this all boils down to the fact that the Dealer is responsible for selling you a vehicle that is free and clear. It is on them. What they do to the people earlier in the story is their business. Let them know that if they don't make it right, you will go to the press, on TV, whatever and tell the world your story. As long as you tell the truth to the press you will be fine. NO dealer wants the word out that the cars they sell might not be free and clear.
Oh, and before any "lawyers" chime in again, I am a Dealer in Florida and trust me, none of us would want that stink to get out to the public. If this was a Neon the press probably wouldn't care, but since it is a Viper, it makes a LOT better story.
Good luck,
Ron
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FastZilla
Enthusiast
We already do - it's called Uninsured Motorists coverage. Big issue in the border states. Is it a big problem in MN?
I'm just suggesting he visit a historic old Texas town - what's bad about that The town should be safe and secure. All the government agencies we are paying for are keeping us safe (Border Patrol, Homeland Security, Army, Immigration, State/Local/Federal police) - why would anyone have any reservations about visiting a place in America?
I'm just suggesting he visit a historic old Texas town - what's bad about that
The town should be safe and secure. All the government agencies we are paying for are keeping us safe (Border Patrol, Homeland Security, Army, Immigration, State/Local/Federal police) - why would anyone have any reservations about visiting a place in America?sssammm
Enthusiast
if there is a lien on the car, and any subsequent claim for a loss, the fist payment by the insurance company would be to the lien holder
Harley561
Viper Owner
UPDATE:
My attorney did some research and found this case has been going on since July of 2009. The orginal complaint was amended and I was served after CFC learned that I now had possession of the car.
The second owner of the car was served in July 2009 so he new full well when he traded the car in to MB Delray that there were title issues and he did not disclose them. As I stated previously, he had a title with a different lien holder and MB Delray paid off that lien on the trade in.
I can't possibly understand that with the length of time involved in this case that the car was not repossessed earlier or at the very least that the FL DMV was not made aware that the title was in question. I guess this seems too logical to me.
CFC is valuing the car at $60K and I now also understand that in order for them to repo it, they would need to post a cash bond for twice that amount....however I was still advised not to drive it.
To all the comments about going after the dealer...that is where we are starting. They will be given an opportunity to take the car back plus the money I put into it after beleiving that I own it.
My attorney did some research and found this case has been going on since July of 2009. The orginal complaint was amended and I was served after CFC learned that I now had possession of the car.
The second owner of the car was served in July 2009 so he new full well when he traded the car in to MB Delray that there were title issues and he did not disclose them. As I stated previously, he had a title with a different lien holder and MB Delray paid off that lien on the trade in.
I can't possibly understand that with the length of time involved in this case that the car was not repossessed earlier or at the very least that the FL DMV was not made aware that the title was in question. I guess this seems too logical to me.
CFC is valuing the car at $60K and I now also understand that in order for them to repo it, they would need to post a cash bond for twice that amount....however I was still advised not to drive it.
To all the comments about going after the dealer...that is where we are starting. They will be given an opportunity to take the car back plus the money I put into it after beleiving that I own it.
We already do - it's called Uninsured Motorists coverage. Big issue in the border states. Is it a big problem in MN?
I'm just suggesting he visit a historic old Texas town - what's bad about that
Well aware of uninsured motorist coverage. I used to live in Texas. What does that have to do with car theft?
The cost of car theft gets passed on to everyone in form of higher insurance rates.
Ask your attorney to review your auto insurance policy. As noted above, this problem may be covered under it.
why in the WORLD would they do that? Thats probably the messiest way to handle this transaction.. the previous owner breached the contract, first by not paying, then by trading it in with a balance owed (i.e fraud). His rights to the car are zero.
Their Insurance/Dealer Bond/E&O (maybe a combination of, depending on the circumstances) company is going to pay CFC the $64k, be done with it. Then "their" Insurance carrier(MB of Delray) will sue the previous owner to subro. that amount. DONE..
You get to keep the car, YOU purchased.. Am I missing something? Is there more to this story? Do you still want the car?
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Harley561
Viper Owner
You are not missing anything and I provided all the details. I don't want to be involved in a lawsuit that goes on for years and pay insurance on a car that I cannot drive. Let's say this goes on for a year and then a court determines that there was fraud with the towing company, that CFC's lien is still perfected and that MB Delray sold me a car they should not have and I have to return the car....then they are going to value the car at a much lower amount than what I paid so I lose out financially and emotionally.
The easiest solution for me so that I can go on with my life is for MB to make this right. I would prefer to have a Viper that I can drive today and not a year or two from now. I bought a car, not a lawsuit.
At this point, MB is not even listed in the lawsuit.
Harley561
Viper Owner
Who advised you not to drive it? Get that in writing, for future loss of use claim. What does a Viper run on a rental basis?
Multiple attorneys advised me not to drive the car....or at the very least not to leave it anywhere unattended since there is no guarantee on attempts to repo the car.
Sellshomesdrivesviper
Enthusiast
Here's some advice from a car guy, who handles RE for car companies and their people.
MB of Delray is owned by AutoNation.
I would have your attorney contact the corporate offices of AutoNation.
This should be resolved rather easily if the story is indeed as you mentioned in your thread and post.
Good luck, I got to run to another auto execs RE closing -wink, wink.
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