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Help, what should I do?????

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drafthorsejunkie
Reg. Oct 2008
Posted 2008-11-26 10:04 AM (#95378)
Subject: Help, what should I do?????


Member


Posts: 39
25
Location: Michigan

Ok, so we had found the trailer we wanted, did some trading and dealing. Ended up we traded one of our really good horses, our trailer and some equipment and cash for this other trailer, plus we did all of the traveling/hauling, the trailer was a 16 hour trip for us. Now, before we left to get the trailer, I asked the seller if the trailer had a clean title and if she had it in hand....she said yes, it is clean and no lien holders on it and yes I have it right here. So we make the long trip, get there, I am happy with the trailer, but a few things are alittle different than I expected, but it was very nice. We go to exchange titles etc. here is where the problem starts.....she had not yet transferred the title into her name, which would not have been a huge deal, except she had already filled out all of her info in the new buyer section, you cannot change that or it is void I am sure. So she gave us a receipt and signed the title and said try to transferr it and go from there. Well I pretty much knew that would not work. But here we were 16 hours from home, we had hauled the horse and had some place to be on the way home. So off we went with the new trailer.

So we got home about 5 days later, then tried to do the transferr, of course, they said they couldnt do it that way. So I emailed her and told her the situaton, she then wanted me to mail the title to her hometown Sec. of State or whatever(different from where she lives now) and US PAY TO TRANSFERR IT INTO HER NAME, and she said she would then mail it signed to us after she got it back. I said no, I did not feel it was our responsibility to do that, and reminded her that I had asked BEFORE we did this if she has the title and if it was clean. Well, several weeks later she still will not reply to any of my emails. And I do not want to send this title out and do that, as I am afraid we will never get it back.

So anyone have any idea of what our options are here? What else I can do?

And please dont bash me for being stupid. I am already stressed about this.

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gard
Reg. Aug 2007
Posted 2008-11-26 10:18 AM (#95379 - in reply to #95378)
Subject: RE: Help, what should I do?????


Expert


Posts: 5870
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Location: western PA

Call your attorney and the attorney generals' offices of both involved states. You will need accurate legal actions, not the opinions often found here.

Gard

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flyinghfarm
Reg. Mar 2004
Posted 2008-11-26 10:21 AM (#95380 - in reply to #95378)
Subject: RE: Help, what should I do?????


Expert


Posts: 1205
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Location: Arkansas
I second what Gard says......and do it today.  You have been a victim, and the seller is liable I believe to provide you with a title...good luck with this...
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drafthorsejunkie
Reg. Oct 2008
Posted 2008-11-26 10:24 AM (#95382 - in reply to #95378)
Subject: RE: Help, what should I do?????


Member


Posts: 39
25
Location: Michigan

Thank you

So would you agree that I should not send this title out to be tranferred inot her name?

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genebob
Reg. Nov 2007
Posted 2008-11-26 10:33 AM (#95383 - in reply to #95378)
Subject: RE: Help, what should I do?????


Elite Veteran


Posts: 714
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Location: Minnesota
DON'T SEND THE TITLE!!! Not sure what state the previous owner is in, but they may be liable for back taxes. Here in Minnesota you have to pay sales tax even on used trailers. Failure to transfer the title and pay those taxes is a criminal offense. Take Gards advice and make the calls TODAY!
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rose
Reg. Feb 2004
Posted 2008-11-26 10:49 AM (#95385 - in reply to #95378)
Subject: RE: Help, what should I do?????




10005001002525
Location: KY
Ditto;  please call your lawyer today.
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drafthorsejunkie
Reg. Oct 2008
Posted 2008-11-26 10:57 AM (#95386 - in reply to #95378)
Subject: RE: Help, what should I do?????


Member


Posts: 39
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Location: Michigan

Thanks, the problem is, I dont just have an attorney, so I guess now I have to go find one.

I just sent her one last email, asking her again, to please atleast respond. But even if she does, now I would be afraid to even send the title to her.

Big lesson learned here, she seemed so nice and honest before we did this. Why me

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Buffy111_99
Reg. May 2006
Posted 2008-11-26 10:58 AM (#95387 - in reply to #95378)
Subject: RE: Help, what should I do?????


Regular


Posts: 85
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Location: Ocala, FL
Do not send anything to them.  Call your lawyer and see what they say and then after that, if it were me, I would do the 16 hour trip again with the trailer and head to the closest police station, tell them what is going on and get them to assist me in returning the trailer and getting my horse, trailer and money back!
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drafthorsejunkie
Reg. Oct 2008
Posted 2008-11-26 11:03 AM (#95389 - in reply to #95378)
Subject: RE: Help, what should I do?????


Member


Posts: 39
25
Location: Michigan

 I also had this thought, tell me if I am stupid on this one, I can take it.

I thought about contacting the owner of the trailer on the title(the person she bought it from) explaining the situation, providing him with copies of the title we have, the reciept we have and the correspondence with her confirming the transaction, and asking him if he would consider filing for a lost title, and sending the new one to us signed by him. And being done with her dumb ***

Stupid or worth a try?

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fsh3406
Reg. Oct 2008
Posted 2008-11-26 11:22 AM (#95390 - in reply to #95378)
Subject: RE: Help, what should I do?????


Member


Posts: 29
25
Location: Okla City, Okla
I am in the trailer business. I handle title problems all the time. All states are different in their titling requirements. Do exactly what Gard said and contact a lawyer. You need to have an attorney clear any possibilities of liens or anything else that would prevent clear title to you. IT IS IMPORTANT!! It is worth the extra expense. Good luck.
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hogtownboss
Reg. Sep 2008
Posted 2008-11-26 11:48 AM (#95391 - in reply to #95378)
Subject: RE: Help, what should I do?????


Expert


Posts: 1351
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Location: Decatur, Texas
Really simple actually!
First ask your local tax office what you need to get it transferred to your name. Most of the time an affidavit of fact from the original owner will get the job done. If this will work for the tax office, since you have the title, it should have the original owners name and address listed on it. Look them up and tell them what has happened and that you are needing to get it transferred to your name and that you need to get the affidavit of fact signed by them showing you bought the trailer. It is a little time consuming but if you like the trailer and don't have the money to deal with a lawyer this is the easest way to go about it. Do not send anything back to the people you bought it from. PM me and I will give you my number if you need any help with it. My mother works at our local tax office and I do title work everyday and have to deal with this mess all the time.
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Buffy111_99
Reg. May 2006
Posted 2008-11-26 11:55 AM (#95392 - in reply to #95389)
Subject: RE: Help, what should I do?????


Regular


Posts: 85
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Location: Ocala, FL
Originally written by drafthorsejunkie on 2008-11-26 12:03 PM

 I also had this thought, tell me if I am stupid on this one, I can take it.

I thought about contacting the owner of the trailer on the title(the person she bought it from) explaining the situation, providing him with copies of the title we have, the reciept we have and the correspondence with her confirming the transaction, and asking him if he would consider filing for a lost title, and sending the new one to us signed by him. And being done with her dumb ***

Stupid or worth a try?

Not stupid at all but I still would not pursue that option.  This woman is a crook and you need to report her.  I also hate to say it but I would not want my horse going to a person like that.  Talk to a lawyer and go from there but I would be on their doorstep after my horse!  There could be all kinds of issues with this trailer.  If the woman lied about a clear title, what else did she lie about?   You don't really even know if the trailer is stolen????  Don't try to handle this yourself!



Edited by Buffy111_99 2008-11-26 11:58 AM
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drafthorsejunkie
Reg. Oct 2008
Posted 2008-11-26 12:15 PM (#95394 - in reply to #95392)
Subject: RE: Help, what should I do?????


Member


Posts: 39
25
Location: Michigan

Thanks, but thankfully, since we did deliver the horse, I was able to see where she is at and see the other horses. It actually was a VERY nice place. She had nice horses, that were really well cared for, and a nice farm.  So I felt very comfortable leaving the horse there.

I doubt the trailer is stolen, as the title is signed by the owner and looks legit. But I guess you really never know, anything is possible.

I appreciate all of the ideas here.

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TwoBucksRanch
Reg. Aug 2007
Posted 2008-11-26 12:28 PM (#95395 - in reply to #95378)
Subject: RE: Help, what should I do?????


Member


Posts: 45
25
Here is my 2 cents, having worked for the government for 16 years.

Call YOUR state's office that handles trailer titles. Tell the story and ask what you need to do to get the title in your name. Get the person's name that you talk to, and then if the answer seems strange or the person is not helpful, call back another time to try to talk to someone else. Take your time on the phone, if the answers are not doable ask if there are alternatives. If you think of more questions or something isn't clear call again. As another poster said, this is not the first time the MV has had to deal with this and they will know what you need to do, because ultimately you have to title the trailer in your own state.

This step does not preclude contacting an attorney, but will give you an idea of what needs to happen before spending the $ on a lawyer.

Good luck.
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wendmil
Reg. Aug 2006
Posted 2008-11-26 12:32 PM (#95396 - in reply to #95378)
Subject: RE: Help, what should I do?????


Veteran


Posts: 148
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Location: South of Dallas
Drafthorsejunkie, I send a big virtual hug out to you.  I know how these stupid title things can be.  Just went through something very similar myself.  I felt foolish and like I'd been had.  Limited help from the seller, not to mention she lied about a title.  Just have to chalk it up to "a little lesson in the school of hard knocks".  The experience you gain dealing with this will likely allow you to assist someone else in this position in the future.  Wish you all the best and let us know what actions you end up taking to resolve this.  Good luck.
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drafthorsejunkie
Reg. Oct 2008
Posted 2008-11-26 12:53 PM (#95397 - in reply to #95395)
Subject: RE: Help, what should I do?????


Member


Posts: 39
25
Location: Michigan

Originally written by TwoBucksRanch on 2008-11-26 1:28 PM

Here is my 2 cents, having worked for the government for 16 years. Call YOUR state's office that handles trailer titles. Tell the story and ask what you need to do to get the title in your name. Get the person's name that you talk to, and then if the answer seems strange or the person is not helpful, call back another time to try to talk to someone else. Take your time on the phone, if the answers are not doable ask if there are alternatives. If you think of more questions or something isn't clear call again. As another poster said, this is not the first time the MV has had to deal with this and they will know what you need to do, because ultimately you have to title the trailer in your own state. This step does not preclude contacting an attorney, but will give you an idea of what needs to happen before spending the $ on a lawyer. Good luck.

FABULOUS advice, thank you so much.

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drafthorsejunkie
Reg. Oct 2008
Posted 2008-11-26 12:55 PM (#95398 - in reply to #95396)
Subject: RE: Help, what should I do?????


Member


Posts: 39
25
Location: Michigan

Originally written by wendmil on 2008-11-26 1:32 PM

Drafthorsejunkie, I send a big virtual hug out to you.  I know how these stupid title things can be.  Just went through something very similar myself.  I felt foolish and like I'd been had.  Limited help from the seller, not to mention she lied about a title.  Just have to chalk it up to "a little lesson in the school of hard knocks".  The experience you gain dealing with this will likely allow you to assist someone else in this position in the future.  Wish you all the best and let us know what actions you end up taking to resolve this.  Good luck.

Very sweet, thank you so much. And uuuhhh sometimes, i feel like I am a lifetime student of the school of hard knocks, I should be well on my way to getting a masters degree

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gabz
Reg. Oct 2003
Posted 2008-11-26 3:18 PM (#95405 - in reply to #95398)
Subject: RE: Help, what should I do?????



Expert


Posts: 1391
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Location: North of Detroit, MI

DraftHorseJunkie.

I'm not completely following the whole title deal, but I agree that consulting with an attorney might be a good avenue. Many good attorneys offer a free consultation at first meeting. Then, if you need their services, you enter an agreement.

Not sure what part of Michigan you are in. I have a friend who is an attorney. This sounds like a civil action which is something that she can probably assist you with. She typically handles cases in the Macomb, Lapeer, Oakland county areas; but has taken action in other counties as well.

please send me an email and I will give you her's. She may also be able to direct you to someone closer if that is necessary. She is a fellow horse owner and understands about pinching pennies.

 Click on my user profile to send me an email through this forum.



Edited by gabz 2008-11-26 3:20 PM
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brushycreekranch
Reg. Jun 2006
Posted 2008-11-26 3:27 PM (#95406 - in reply to #95378)
Subject: RE: Help, what should I do?????





500100100100100
Location: Central Arkansas
Some states don't require you to tag and title a horse trailer. Maybe she (seller) was in one of those. If her home state doesn't require it, then chances are, they don't collect sales tax on private sales. I have been here before and didn't have a problem getting the title tranfered into my name as most titles have 2nd and 3rd assignment blocks on the back. Just call the state DMV where you purchased it and ask for guidance. Some will actually let you fax the documents to them and then tell you exactly how it needs to be handled. Also, you may need to contact a trailer dealer in the state you purchased it to ask them if they could give you any guidance. I bought a 8 yr old trailer privately 2 years ago in SC that had never been tittled and the local SC dealer of that brand trailer helped me thru the paperwork issues. I greatly appreciated his help and have sent several potential customers his way since.
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gard
Reg. Aug 2007
Posted 2008-11-26 3:37 PM (#95407 - in reply to #95378)
Subject: RE: Help, what should I do?????


Expert


Posts: 5870
50005001001001002525
Location: western PA

Right now you may not be the owner of the trailer. Legally, the person from whom you made the purchase, also did not own the trailer, as her ownership was never established. Because the sale to you was made while knowingly being invalid, and a payment was collected to satisfy an unenforceable contract, a fraud has been committed against you. Not only can you sue to be made "whole" again, but you are entitled to sue for punitive damages as well.

Depending on the District Attorney in the seller's jurisdiction, you may be able to press for civil or criminal charges, depending on the local laws and his case load. These actions can be handled without the usage of your own attorney. However, your attorney's proper advise is necessary, before you do something that may irrevocably jeopardize your rights and legal alternatives.

Gard

 



Edited by gard 2008-11-27 9:00 AM
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Steffanyace
Reg. Nov 2008
Posted 2008-11-29 5:09 PM (#95475 - in reply to #95378)
Subject: RE: Help, what should I do?????


Member


Posts: 12

Some states will give you a new title on your trailer if it is purchased out of state and you have a bill of sale.
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