Bad Luck Truck

[Anthony Kalos]

Another thing is that I would unplug the battery in case the truck is giving “updates” over the air on its location !!!
I don’t know if it’s possible but these new vehicles can be updated over the air in some instances !

 

[DakotaDave]

The dealership is a state licensed auto dealer and is obligated to make lawful transaction related to the sale and vehicle title transactions. If the dealership executed transactions that were knowingly fraudulent (certify and bare witness to signatures on title transaction) could be huge and certainly unlawful. However you still have a sales contract and or a financial contract if you financed the truck. I would get a lawyer before returning the truck. I would also ask to be generously compensated in doing so. The dealership should have never sold a vehicle without a clear title making it eligible for resale. This is a perfect example of why auto wholesalers and retailers are required to be regulated. Good luck

Sent from my SAMSUNG-SM-N910A using Tapatalk

Not to be disrespectful to the OP but as Veterans Day is quickly approaching I would like to thank you for your service Sir.

 

[HAL9001]

Firstly and foremostly (Is that a word?), you do NOT own the vehicle in question. Whoever/whatever you make payments to "does". Does in quotes because the validity of the ORIGINAL (person who allegedly forged his wife's signature) seller's transaction with the dealer is in question.

You NEED to contact your lender because A) the lender is the actual (or should be) owner of the vehicle until you pay off the loan, and 2) their legal department is probably bigger and better than the dealer's legal department. The lender will DEMAND their money back no matter what, and if you don't get your money back from the dealer, the lender will come after you for that money; and they will have the legal right to do so because they gave YOU the money to give to the dealer.

Again, my advice to you is to get your lender involved because they have the means (legal department) and reason (THEY own the vehicle, NOT you) to want to have this problem settled.

If you do not get the lender involved you could end up without the vehicle and still owe the lender the full amount of the loan (less payments already made, of course). With the lender involved, you may still end up without the vehicle, but most likely without owing the lender anything one the loan because the lender will fight to get their money back, and if the original owner is at fault, they will get their money from him.

GET THE LENDER INVOLVE BECAUSE THEY OWN THE VEHICLE, you DON'T!

When you borrow money to purchase a vehicle or a house, you are the owner, not the bank. However, the bank places a consensual lien on the property meaning that if you don't pay off the loan as per the terms of the loan contract, the back can then legally seize the property. As long as you make payments, you are the legal owner for the entire term of the loan. Once the loan is paid off, the lien is removed.

In this specific case, the OP does not own the vehicle, not because his bank may be involved, but because the title was never legally transferred to the dealer, which in turn means the dealer could not legally transfer the title to him.

In any case, I'm certain that the OP is by now well aware that he should be consulting with his attorney rather than listening to any of us here.

 

[HAL9001]

Just some food for thought. If you hide the truck than the law will get you for knowingly hiding what is now considered stolen property . They don't care what your problem is with the title. They will take it and you will lose everything, same with the dealer. But you will sill owe the bank. I made a deal one time where I traded a 350 Chevy engine for a motorcycle and the guy said would bring me the title after he got it notarized. Two days later I got a visit from the sheriff's office and they told me the motorcycle was stolen and they took it. I lost the bike and my engine. The wife can get her truck back and leave everyone holding an empty basket and you owning a loan. That is why the names on all my car titles have (OR) between my name and my wife's name and not a (AND). At least in Arizona that's how we can title a car.

This is correct. By the laws in most states, if you purchase stolen or illegally sold property, you don't own it. In fact, it can be seized by the police at any time and held as evidence or returned to the rightful owner. If the police decide you were an innocent party, they won't press charges against you, but in some cases, they may until you are proven to be an innocent party. If you were merely a victim who was unknowingly sold stolen property, such as in this case, you won't be charged, but you can often lose whatever money or goods you paid to purchase the stolen property unless the party that illegally sold it to you returns the money.

This is why the OP might be wise to settle this right away with the dealer. It's unlikely that the dealer won't return the money because they have a business reputation to worry about and they can be sued in a civil case, but the sooner the OP is out of this mess, the better as criminal laws don't usually protect victims who purchase stolen or illegally sold goods and civil suits can be lengthy and expensive, and a successful outcome is not assured.

 

[HAL9001]

I guess every one has an opinion on this but but I've been reading this with a lot of interest and really feel bad for this individual. I line in NC but I'm sure it must be the same in each state but a signature has to be notorised to make sure whatever transaction is being executed is legal. If they weren't, can you imagine all the problems this would cause? It was the dealers responsibility to make sure this was done, not the buyer. I don't know who was responsible to make sure this was done but I suspect this was either or both the title clerk or financial person but they were acting as the owners legal representive and it's on the dealers hands. I think the dealer is in a lot of trouble.

This varies from state to state. The state that I live in simply requires the signature of the owner(s) on the back of the title.

I just donated a car to charity. All I needed to do was to sign the title, leave it in the car, and the charity sent a flatbed truck to pick it up. As soon as I signed the back of the title and handed it over, I ceased to be the owner of that vehicle.

 

[GHardin]

I'll keep this as short as possible, although the story is complicated. I'm in need of help or advice. In short- a dealership sold me a truck in which a husband traded in with a forged signature of his wife, whom has filed for divorce.

Bought a used 2015 Ram 3500 and I'm absolutely in love with the truck. Felt great to drive, clean, and checked all the boxes for my family (plus some I didn't know I needed). My previous ford I bought, a 2014 half ton, was riddled with issues with the twin turbo so it was good to get a nice, dependable truck to tow my trailer.
My license plates didn't show up and my temporary was getting close expiring. I called the license place, don't have it; call the dealer, the licensing people definitely signed off on receiving it. Called the license people back and they put me on hold for 15 minutes. They come back with "I don't know how to tell you this, so I'll just read the email I just received."
She said that there was an irregularity on one of the two signatures so the state cancelled the transaction and placed a hold on the title because of a temporary family law order.
This left me with so many questions. The license worker and I came up with an idea of what might of happened, which would be confirmed on my call back to the dealership.
Called the dealership and they said the husband traded in the truck and forged his wife's signature. Turns out they are separated and soon to be divorced. The dealership had known for a while about the issue and were trying to get "what they need from the husband", which I'm guessing is just her signature. He has apparently given them false promises, more than once. They gave him the deadline of Friday before they repo his new truck. If they were not able to get that "signature stuff" before Friday, they would need my truck back.
Uhhhhhhh- what? Has anyone else run into this trouble before? I don't want to hand over a truck that a bank debt and dealership paperwork say is mine. The dealership said it would make it up for me on a different truck, but not sure what to think of that until I see their offer. Am I liable if I don't hand over the truck? What kind of compensation should I be looking for with handing back my dream truck?? I know this post is on short notice, since tomorrow is the day they will want it back.
Thanks for your help!

As some others have said, contact an attorney! The dealer, knowingly or not, has participated in a fraudulent transaction and by putting you in the vehicle under those circumstances, has knowingly involved you in the act! If you let the dealer guide you down the path they want, you are leaving yourself open to being an accomplice in the fraud and could potentially be on the hook for several thousand dollars in damages that might be claimed by a 3rd party. Turn this over to a competent attorney to handle. It will be well worth the cost!

 

[brokenarrowjbe]

And if you were in a divorce and your significant other signed it over to screw with you, that would be legal? You would just write it off? Or would u want your vehicle back? I doubt you could sign for someone else without POA or there would be fall out. Being sucked into someone else’s drama sucks. Best to get out of it as quickly as possible.

 

[GHardin]

Depending on how nasty the divorce is (and it does not sound friendly if he had to forge his ex's signature!), you could still be in jeopardy regardless of what the dealer offers you. The ex-wife might be really vindictive (and who could blame her!) and go after everyone involved. Get an attorney and make the dealer pay all your legal costs to get this straightened out. This could go south really fast!

 

[GHardin]

To couch this a little, the dealership may have acted in good faith (poor judgement but good faith!) and is now stuck in the middle of a nasty situation that is going to cost them substantially. Dealers work on slim margins as it is and they are losing their shirts on this one. If it were me, I would take a trip to the dealer, in a different vehicle and demand to see the GM or owner and not leave until they have agreed, in writing, to fix this. Their hands are dirty here and they will try to get out of it as clean as they can. Make sure it is NOT at your expense!!

 

[4airstreamer]

I might return the truck and demand a refund. If they refuse to refund, I would have my attorney make a demand on their dealer bond for the refund and costs.

 

[SniperDroid]

All these guys telling you to Lawyer Up, THEIR RIGHT! LAWYER TIME, and I hate lawyers. Do it YESTERDAY!

 

[Dalton]

What a mess. There are also stories of dealers selling the same vehicle to multiple people and then letting the lawyers hammer it out. Should never happen.

 

[retired]

Who said any bank is involved or did I miss that. I did not see where he said he took a loan out. Not all states require notarized signatures. I also do not know why people won't post the name of the dealership...If they have 3000 new trucks sounds like Dave Smith, but I would be surprised if they really have 3000 new trucks in stock with the way the covid thing has been. If it is Dave Smith the OP will be made whole. Does that mean he will hit the jack pot? no but he will get his money back. Probably a jinxed truck anyway.

 

[Rado]

I might return the truck and demand a refund. If they refuse to refund, I would have my attorney make a demand on their dealer bond for the refund and costs.

That will be the right thing. But ask your lawyer what should be done to protect you ! Crap happens and you said they are a good dealership so I would assume they will take care of you ! BUT make sure they reimburse you for all out of pocket expense and hopefully upgrade you to a Higher end truck for all the problems !
When you get this resolved list what you had to do in case anyone else goes through this

 

[chvet73]

I haven’t seen anyone suggest that you contact your states Dealer License Board. Here in California they would be all over this. They would make the dealer come up with an instant solution.
Using them could save having to lawyer up. I’m not sure of where you are so it might not be the same. But certainly worth a try

 

[Moparfanatic21]

subbed because everyone loves a dealership **** show!!

Lmao same

 

[Vgbu56]

I had a problem with a dealership and a refundable warranty, I used Liberty & Associates in CA (thecerlawyer) www.carlawyer.com, [email protected]
He worked on contingency and it was several years ago but he helped me out. He dislikes bad dealerships.

 

[Redd]

Thanks, again, all. Here is the update:
First, I called Chase and told them the situation. They said they would need to talk to the dealership and we did a menage trios (but minus the fun). I patched a call through and got the manager. As he began speaking, JP Morgan Chase informed them that this conversation would be recorded for the record. Although the manager was certainly displaced by this, there was "no news" to report and their finance office would be calling the bank back later. Chase responded that they would need their money back through way of cancelation. He did, however, said he would have answers by the end of the day.
Toward dinner time, I get a message that the other manager handing the "fraudulent" customer wasn't returning his messages, thus not having any info for me there.
I decided right then, that this truck was not right for me and I wouldn't wait around any longer. I told him we were wanting out and to have his people start looking for our next truck. I didn't want to play the guessing game anymore and want to cut all ties with the toxicity surrounding that truck. She was beautiful, but like a college summer fling, she will only be fond memories. Currently, his used car inventory guy, who was awesome last time buying from him, is already texting me and saying how he will fix this whole thing.
So, although there is little new news from the battlefront, there will be no forged truck in my life.
To put some hearts at ease out there, yes- I have two lawyers. No- I won't say the dealership because they still will make it right. Yes- the bank knows, but really all they cared about was getting their money back... literally. I will be asking about fixing my credit when it's almost all done. No- I haven't contacted BBB or any other board because they haven't shown me how they will make it better. If it's not up to *****, my lawyers will call the plays for the rest of the game. Thanks again to those out there- stay tuned.

 

[Rado]

Sounds like some progress is being made ! Hopefully with a newer and netter truck I am sure the dealership will make it right in the end. This may be a new thing for them so they are trying to cross all their T's and dot all the I's so they do not get double shafted :O I am sure the dealership will not get burned again either !!!
But damn what a **** show you are going through

 

[rule18]

Thanks, again, all. Here is the update:
First, I called Chase and told them the situation. They said they would need to talk to the dealership and we did a menage trios (but minus the fun). I patched a call through and got the manager. As he began speaking, JP Morgan Chase informed them that this conversation would be recorded for the record. Although the manager was certainly displaced by this, there was "no news" to report and their finance office would be calling the bank back later. Chase responded that they would need their money back through way of cancelation. He did, however, said he would have answers by the end of the day.
Toward dinner time, I get a message that the other manager handing the "fraudulent" customer wasn't returning his messages, thus not having any info for me there.
I decided right then, that this truck was not right for me and I wouldn't wait around any longer. I told him we were wanting out and to have his people start looking for our next truck. I didn't want to play the guessing game anymore and want to cut all ties with the toxicity surrounding that truck. She was beautiful, but like a college summer fling, she will only be fond memories. Currently, his used car inventory guy, who was awesome last time buying from him, is already texting me and saying how he will fix this whole thing.
So, although there is little new news from the battlefront, there will be no forged truck in my life.
To put some hearts at ease out there, yes- I have two lawyers. No- I won't say the dealership because they still will make it right. Yes- the bank knows, but really all they cared about was getting their money back... literally. I will be asking about fixing my credit when it's almost all done. No- I haven't contacted BBB or any other board because they haven't shown me how they will make it better. If it's not up to *****, my lawyers will call the plays for the rest of the game. Thanks again to those out there- stay tuned.

Good for you, glad there's a resolution in sight.