Jump to content
Sign in to follow this  
Keke

Good Faith Notice Incorrectly Filed- vehicle sold

Recommended Posts

In August of 2017, I was living with a business partner in Florida. The partnership was then dissolved and I was asked to vacate the premises. At the time, I was the legal owner of a “vehicle.” I was not able to immediately remove afore mentioned vehicle from the property with my belongings, as it was not in working condition and able to be driven. I told the property owner I would try to find arrangements. The vehicle was towed by a towing on August 25, 2017 at the request of the property owner before I could have a chance to move it. 

 

    I was not notified of this and was not given any knowledge of its whereabouts by the property owner or towing company until late in December 2018. No contracts or agreements were established between the towing company and I for towing or storage of the vehicle, as there was no contact at all upon the removal of the vehicle from the property. 26 days after the company towed the vehicle to their establishment, they filed a Good Faith Notice to obtain a lien on the vehicle. This notice was not sent to the correct owner of the vehicle on record (myself), nor was it sent to the lien holder (Bank I had a loan through). They sent the notice to a person that looks to have been the 3rd previous owner of the vehicle. I have the vehicle registration clearly stating my ownership of the vehicle from purchasing it. So I know that without a doubt, I have proof of proper ownership. But, from my understanding, these the owner of the vehicle and any lienholder must be notified by certified mail to properly obtain a lien per a Good Faith Notice. After filing this and failing to notify the proper parties, they obtained a lien, and then title, on the vehicle and sold it to an unidentified third party.

 

In result of the company’s negligence to properly file paperwork and incorrectly acquiring the title to sell the vehicle, am I able to seek out the value of the vehicle, per the loan amount that I had borrowed?

 

I’ve talked to a few lawyers but they’ve all said that the automotive field is somewhat of a specialty and they aren’t really able to help me even though it seems I have a decent case against them. I have all of the paperwork on the vehicle and copies of notices sent by the towing company, etc.

 

Where do I go from here?

Share this post


Link to post
Share on other sites

 

15 hours ago, Keke said:

At the time, I was the legal owner of a “vehicle.”

 

Why do you have the word "vehicle" in quotation marks?

 

 

15 hours ago, Keke said:

In result of the company’s negligence to properly file paperwork and incorrectly acquiring the title to sell the vehicle, am I able to seek out the value of the vehicle, per the loan amount that I had borrowed?

 

Able to seek?  You can "seek" whatever you like.  I also don't know what "the value of the vehicle, per the loan amount that I had borrowed" means.

 

 

15 hours ago, Keke said:

Where do I go from here?

 

I have no idea.  For starters, you didn't identify your state, so there's no way for anyone here to know what legal formalities were required.  Second, you completely glossed over the 16 month period between when the towing occurred and the date when you were "given . . . knowledge of [the vehicle's] whereabouts . . . in December 2018.  It's hard to fathom that you'd let that much time pass and (apparently) do nothing to recover your vehicle.  Third, you didn't tell us anything about what's happened in the three months since December 2018.  Have you recovered the vehicle?  If so, what exactly are you seeking to accomplish?  If not, why not?

Share this post


Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

Loading...
Sign in to follow this  

×
×
  • Create New...