Fraud or Folley: Sold Boat With Clear Title

[DebtEnder]

Yup Bell ain't Georgia great? Only state in the union that a writ of replevin is not required to force an asset to be turned over.

[chinup]

This is an interesting read. Same scenario with me, just with a car, and in California. Car had nothing but problems and so I sold it since they gave me title and bought another one. Paid for over 1 year on it faithfully, now cannot. Very rude and condescending repo, guy came to our door, called me a scumbag and trash, did not believe me, and posted big red notices on my garage door and front door. Have a consultation meeting next week with BK attorney.

[chinup]

Update for others, attorney told me that since the lender gave me the title, car was mine to do as I please. it is a civil matter and UNSECURED in terms of BK Chapter 13.

[Snax]

Just to throw up a caveat to others researching this issue, I have run across case law (forgetting the name of it, but I think it was Oregon) suggesting that such sales can be retroactively nullified and the vehicle repossessed regardless of title branding. It boils down to state law and how persistent the bank is in re-securing their interest. The big catch in our case is additional law regarding boats which explicitly states title branding is the "exclusive means of perfecting security interest". I have not found similar wording for autos in Oregon.

Unfortunately a repossession after the sale opens up the seller to suit from the buyer after leaving them without their money, their vehicle, and probably very pissed off! (Which is the absolute last place we would ever want us or the buyer to be in, creditors be damned.)

[chinup]

Love it, spoke with attorney two. He says, no way on unsecured, must pay it. Can do a cram down on it. CONFUSED!