My Interesting/Crappy/Worst Car Purchase Story

[Brando]

Y'all are gonna like this...

Backstory:
Last August I bought my car, 1987 White Carrera from a friend whom I have known the last 6 years or so (since I worked at a shop in Riverside). When I moved down here to OC about 3 years ago he continued to bring the car to me for service. At this time we have a good friendship with no issues. He tells me he's going to be selling the car because he needs something better on gas, more better for a family, etc. I tell the guy I feel for him and if I had the money I would definitely buy the car for what he was asking (below market for the condition at the time). At that point he asks "Well, could you do some sort of payment plan?". I said "If the payments aren't too much I could". He draws up a contract, works out the math and it's legit. This guy being my friend and doing things "by the letter" in regards to this transaction I trust him and everything is peachy keen. We agree to transfer the title after 1 year, I'll handle smog & reg, etc. The months go by, I make my payments and everything is groovy.

Fast forward to September 30th...
I have just gotten the car smogged within a week (thanks again Randall!) and I had the cert and everything in the driver's door pocket, waiting so I can go to the DMV and start the transfer with my friend. I come down to the parking lot at lunch and ... Where the F is my car? The first thing I'm worried is if the car was stolen. I call property management, they put me in touch with the security and I ask "Did you see a white 911, older, being driven out of the lot?" He responds: "I saw one on a tow truck." Hmmm... I ask him "Did you get the company name off the side?", "No, all I saw was the huge triple-A logo."

Then one of my co-workers gets a hairy idea... "Was the car repo'd?" I responded "No, I've been good on my payments for over a year. None missed, none late, etc." He responds "Well you should call the PD and just for snot & giggles ask." I call the local PD: "Hi, has there been a repo filed for a white 911, VIN# WP0AB..." And then... "Yes, there has."
!!! !!!
After a few short breaths... "Can you give me the info for the towing company?", "Sure, it's ..."

I call the tow company and try to get some answers. Their generic response: "Since your name isn't on the title and you're not the debtor, we can't tell you anything." So my next phonecall is to my "friend". He won't answer, so I send him a text:
Me: "Get a phonecall about the car? Just came down to lunch and my car is gone."
Him: "What do you mean gone?"
M: "I MEAN F'ING REPOSSESSED."
H: "How can it fing be I paid for the loan every month on time I got proof"
M: "Call --- Recovery. Now."

And I'm thinking... Wait, what loan? Then it hits me... While I was paying him for this car (our contract) he had used the car as collateral on something else. What a freakin' sneaky SOB...

We go through the routine of me telling him to get my car back. Like, yesterday. He keeps dodging my calls, says he can only text. I hear excuse after excuse of why he can't get the car back. The bank wants $2400 to satisfy the lien and another $930+ for storage, impound, etc. He tells me he's broke and me, being the sap I am, tell him I'll try to help with some of the cash but he's gonna knock a lot off of the balance from "our" contract. In this period I'm asking my family if they can help, friends, etc. This goes on til about October 5th.

October 5th
I get a text in the morning:
H: "I think the car is gone?"
M: "What?! It cant just dissappear. There would have to be lien sale papers filed, dmv paperwork filed, etc. It can't just 'be gone'!"
H: "Yeah... I think the bank sold it? Not Sure."
M: "No, they can't sell it that fast."
H:" They auction it off or something."

By this point I'm feeling desperate to get the car back. He keeps giving me the run-around about how they want all that money now or by 5pm on the 5th they're selling the car. I've had enough of his crap, so I call my attorney (they really are good people sometimes). He tells me to tell my "friend" at this point in the game he can do 1 of 3 things:

1. Get me my car back.
2. Refund me all of the money I've given him for the car, plus spent ON the car (reg, ins, parts, smog$, etc).
3. I will go to the local PD, file charges for criminal fraud, he will go to jail. Then my attorney & I will file to sue in civil court for every dime I spent on the car.

Now in the late afternoon my "friend" is still dodging my calls. I decide to go by his work instead. Except, when I go there he's got the day off. Hmmm... So I call again, goes to Voicemail, then I tell my friend what my attorney told me. I saddle up and ride back home to prep a motorcycle for delivery.

[aap1966]

Sucks

[GH85Carrera]

Originally Posted by aap1966

Sucks

100+

Sorry man. Buying from a friend can be a tough call. I hope you did not pay him in cash.

[TSNAPCRACKLEPOP]

can you take your contract to the bank and get anything over $2,400at the sale?

[asphaltgambler]

Sorry for your pain man - but when it comes to p*ssy and $$$ some people will sell out their own mother - it's happened to me more times than I'd care to tell

[asphaltgambler]

The current contract between these two would be secondary at best; probably null. In order for the first owner to sell he would have to have full legal ownership - which it looks like now he did not

[TSNAPCRACKLEPOP]

well, if $2400 clears the debt, or just brings it up to date???????????? i suppose the car will bring over $2400

[McLovin]

Originally Posted by asphaltgambler

The current contract between these two would be secondary at best; probably null. In order for the first owner to sell he would have to have full legal ownership - which it looks like now he did not

I don't agree. The current contract with the bank will be valid. The first owner did have full legal ownership. He had the unencumbered pink slip (i.e., the pink slip with no lien shown on it). The bank would be a good faith "bona fide purchaser (lender)."

The way the transaction was set up, it put a lot of risk on Brando. That has now come back to bite him. There were protections that could have been taken, but weren't.

But best of luck. It's tough dealing with deadbeats, though.

[asphaltgambler]

I may have missed something?? - but from his post I don't believe he ever had a clear title in his hand - he stated he had to meet the former owner at DMV - It would seem that he had everything BUT a clear title

[Brando]

Oh, it gets better...

More Oct 5th...
By about 7pm in the evening he starts calling. He's coming up with excuses of why he can't pay, how much money can I get -- basically dancing around the issue that this is his fault. Using popular lines like "This isn't anybody's fault", "These things just happen" and my favorite: "You can blame me if you want."

!!! !!!

After this charade I straight up tell him his options again. He acts like he's hurt "Why are you threatening me bro? I'm sorry this happened bro but it's not my fault! The freaking banks are scam artists and I was just trying to help you out bro."

I tell him his options again. I say "It is what it is. What you did was criminal. At this point it's up to you. Get me the car back, give me my money back, or I'll see you in court." - End of call.

I call my parents and let them know the situation. They were, after all, going to lend me some of the money to get the car back. Their response: F-it. Send him to jail!

October 6th
I'm texting my roommate about the situation, to which I decide at 11:30 I'll roll over to the CHP office and go file a complaint, charges, etc. About 15 minutes before that, my phone is blowing up. Apparently my "friend" was able to get the car out right before it went to auto auction. He was driving it back and apparently it died.

I call him back: "Where is the car? I'll be there with tools."

He gives me the location, one of my co-workers offers to drive and we head to my house to get 1) My 9mm 2) Some tools. Luckily, I had another friend who just happened to be in the area.

I get there and the car looks like absolute crap. It was parked under some sort of tree that shed tons of leaves, lots of dirt and mud... completely filthy. Not to mention all of my possessions were taken out of the car, the two amps in the front trunk are gone (it looks like some tweaker went to town with wire cutters) and the sub-woofer in the back seat was taken out. And the stereo faceplate! It also looks like to stop the alarm they broke the negative battery cable connector. Great. Why did it die? Poor ground connection. I unhooked the cable, hooked it back up and reset the alarm. Started just fine. I pull it over to a parking lot nearby and he proceeds to try and get the repo company to release my belongings.

Of course, they want 2 notarized letters, copies of ID, yadda yadda because I'm not the "debtor" or the person on the title. He promises to go pick it all up, etc and can bring that and the amps, subwoofer, faceplate all by in a little over a week (this friday). On the drive back he started asking about "How much can you get? How much can you pay me?" and I just ripped into him. After I had calmed down I told him: He can either pay me every penny for the car (then I'll give it back) OR we can write up a new contract with a lot of $$$ taken off OR the really fun 3rd option again. He opted for #2.

I get the car home, cleaned out the garage and now it stays locked up there. Some days go by, and brings us to today.

Today (15th)
I had my attorney send me over an actual contract. This one has little descriptors in it like "Seller warrants that they legally can sell the vehicle, title is clean, etc." I like it!

Now when he comes over tonight I can basically tell him "this is the contract we are signing" or go over options #2 and #3 again.
--
Now, let's pause for a second. You're probably thinking, "Why is he going through all of this trouble?" First answer: I really like the car. I've got a lot of work vested into it. Second answer: I've got the car, the keys and the law on my side. But I'm also at the point where I'm not reliant on it as my daily driver, so if I need to let the car go to follow legal proceedings: so be it. I've been at the end of dealing with this scam-artist since I got the car back.
--
If he says no dice, then I call the cops, trespass him off my property and file charges Monday morning, call the attorney and we go to work. I'm tired of this guy's weasel antics. If he opts for the sale agreement it'll be legit. If he fails to provide the title or follow on his end of the bargain I still get to go to town on this guy.

So that's my story in a nutshell. Lesson learned? You never really know who your friends are til...

I'll have an update this evening. And yes, I know the whole "public forum thing", but this is purely a statement of facts.

[Brando]

Originally Posted by asphaltgambler

I may have missed something?? - but from his post I don't believe he ever had a clear title in his hand - he stated he had to meet the former owner at DMV - It would seem that he had everything BUT a clear title

1. PO "friend" had used the car as collateral for a loan (without telling me). Bank put a lien on the vehicle. I still don't know if this was just before he and I signed the contract, or after.
2. As he was my friend, I "trusted" the sale was clean and clear. Didn't see a lien holder on the reg in the glove box...
3. "Friend" defaulted on his loan, bank repo'd the car.
4. Me, furious.

[on2wheels52]

I'm assuming all this happened, what, 20 some years ago? I mean, people don't make payments on a 24 year old car, right?
Jim

[jyl]

Probably the friend/PO used a bank loan to buy the car or pledged it as collateral on some loan.

I can't understand if Brando ever had a certificate of title for the car, showing him (Brando) as the sole owner, issued by the DMV, and if it showed any lienholder including his friend. In other words, did he ever actually have title to the car, and who else was on title if anyone?

[Zeke]

Originally Posted by jyl

Probably the friend/PO used a bank loan to buy the car or pledged it as collateral on some loan.

I can't understand if Brando ever had a certificate of title for the car, showing him (Brando) as the sole owner, issued by the DMV, and if it showed any lienholder including his friend. In other words, did he ever actually have title to the car, and who else was on title if anyone?

At the point where the payments started, the car should have been registered to Brando. I don't think it was. That may have not stopped the legal owner from using the position of lien holder to subrogate for a loan.

I guess that's why they have sales contracts.

[GWN7]

See if you can find out what he owes the bank. They just want their interest and a no hassle loan. As they have a lien on the title they might be willing to make you a deal when he screws up again.

Sorry to hear about your problem.

[jyl]

Originally Posted by milt

At the point where the payments started, the car should have been registered to Brando. I don't think it was. That may have not stopped the legal owner from using the position of lien holder to subrogate for a loan.

I guess that's why they have sales contracts.

That would be weird. It is difficult for me to imagine being okay with not having title to "my" car. Besides the problem that arose here, what about the insurance issues? Can you even insure a car that you do not hold title on?

Hopefully whatever arrangement he is working out now doesn't have the same problems. I.e., he should be sole title holder and there should be no lienholder. The friend should sign a bill of sale to him, he and friend should together go to the bank and pay $X to eliminate the lien, the bank should send the signed-off lien to Brando, he should immediately go get clear title in his name, the balance "owed" on the car should be drastically slashed if not forgiven, the friend should take the risk of Brando welshing on future payments.

Beating a dead horse, I guess. I would think the lawyer has told him the same.

[pwd72s]

A very sad tale...hope you can salvage something out of it...

[Brando]

Well, good news. The contract my attorney drew up - he signed it. Now should the DAPO try to pull any shenanigans, I still hold all the cards.

Once that title comes back with the lien released (he paid off whatever loan he owed) it gets signed right over to me. Free & clear!

[pwd72s]

I just love happy endings...

[onewhippedpuppy]

Originally Posted by Brando

Well, good news. The contract my attorney drew up - he signed it. Now should the DAPO try to pull any shenanigans, I still hold all the cards.

Once that title comes back with the lien released (he paid off whatever loan he owed) it gets signed right over to me. Free & clear!

Hate to play devil's advocate, but.......how do you know he paid off his loan?