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Quote:
Originally Posted by cpcooper View Post
Yeah, but am I guilty of stalking if I find my stolen car with a tracker and wait outside someone's house for the police to come?
Funny. Maybe loitering though.
Old 06-13-2018, 08:00 PM
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It is exactly how our laws work. If an asset is financed and used as collateral it becomes a liabilty on a balance sheet, not an asset. The bank owns your house/car, in layman's terms "by lien".

"A lien is a legal right granted by a law or otherwise acquired by a creditor. A lien serves to guarantee an underlying obligation, such as the repayment of a loan. If the underlying obligation is not satisfied, the creditor may be able to seize the asset that is the subject of the lien.

Once executed, a lien becomes the legal right of a creditor to sell the*collateral*property of a*debtor*who fails to meet the obligations of a loan or other contract. The property that is the subject of a lien cannot be sold by the owner without the consent of the lien holder.

A lien is often granted when an individual takes out a loan from a bank to purchase an automobile. The individual purchases the vehicle and pays the seller using the funds from the bank, but grants the bank a lien on the vehicle. If the individual does not repay the loan, the bank may execute the lien, seize the vehicle, and sell it to repay the loan. If the individual does repay the loan in full, the lien holder (the bank) then releases the lien, and the individual owns the property free and clear of any liens."
Old 06-13-2018, 08:19 PM
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Basically, you don't own it unless you can sell it. (Without another signature)
And
"All language is subject to interpretation"
Old 06-13-2018, 08:36 PM
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I’m done arguing with you
Old 06-13-2018, 08:40 PM
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<insert witty title here>
 
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Quote:
Originally Posted by JMS935 View Post
I’m done arguing with you
Why, because he's right? Sorry, but you're talking out of your ass, with only a partial understanding of the law. Name on the title means very little if there's a legal note on the collateral. Fun fact #1: some (many? most?) dealers retain title to a financed vehicle. We did. The big nationwide dealers do. Makes for less paperwork under repossession, and (at least here, could vary by jurisdiction) means less exposure because we don't have to finance sales tax on the entire purchase price, but instead charge sales tax on the monthly payments, so our risk was 13% less. Fun fact #2: repossession of a financed vehicle does not require any court proceedings whatsoever, so long as the initial lease/loan agreement is written up properly. Find the car, use spare key or tow truck, take car, redeem upon payment or sell car. Done. We've done it countless times, whether the title was in our name or the customer's. Our DMV even has a special transfer code for repossession title transfers without the signature of the customer. BTW, dealers are loathe to repossess - it's always a money losing proposition. It's just a case of mitigating loss. GPS trackers make a significant impact on that.
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Old 06-14-2018, 05:04 AM
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Quote:
Originally Posted by JMS935 View Post
I’m done arguing with you
Why can't anyone on the Internet ever just say, "I wasn't aware of everything you brought up and stand corrected".

Old 06-16-2018, 06:10 AM
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Quote:
Originally Posted by onevoice View Post
Why can't anyone on the Internet ever just say, "I wasn't aware of everything you brought up and stand corrected".


I wasn't aware that I was arguing?

The strange part is the title and first sentence of the article he referenced......

When the government places a location monitor on you or your stuff, it could be violating the Fourth Amendment.

and

If the government puts a GPS tracker on you, your car, or any of your personal effects, it counts as a search—and is therefore protected by the Fourth Amendment.

It's like he didn't read it, or missed "THE GOVERNMENT"
Old 06-16-2018, 07:57 AM
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Here is the code for California. Looks to me like car dealers and other legal owners/lien holders are in the clear, if permission to track is part of the contract. Reads like that is the only allowable use, but is anyone really going to argue I can't track my own car in the event it is stolen?

California Code, Penal Code - PEN § 637.7

(a) No person or entity in this state shall use an electronic tracking device to determine the location or movement of a person.

(b) This section shall not apply when the registered owner, lessor, or lessee of a vehicle has consented to the use of the electronic tracking device with respect to that vehicle.

(c) This section shall not apply to the lawful use of an electronic tracking device by a law enforcement agency.

(d) As used in this section, “electronic tracking device” means any device attached to a vehicle or other movable thing that reveals its location or movement by the transmission of electronic signals.

(e) A violation of this section is a misdemeanor.

(f) A violation of this section by a person, business, firm, company, association, partnership, or corporation licensed under Division 3 (commencing with Section 5000) of the Business and Professions Code shall constitute grounds for revocation of the license issued to that person, business, firm, company, association, partnership, or corporation, pursuant to the provisions that provide for the revocation of the license as set forth in Division 3 (commencing with Section 5000) of the Business and Professions Code .
Old 06-16-2018, 08:12 AM
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Porsche Classic Vehicle Tracking System

Anyone seen this? Doesn't look like it is available in the US though.
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Old 06-18-2018, 03:56 PM
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I dont know about other states, but GPS trackers are absolutely legal... They are built into Dealer Management Systems and are part of CA Dealer licensing training etc.

There are rules a dealer needs to follow(they cant just turn the device on out of curiosity and track someone) There was a lawsuit brought when a dealers employee turned on a tracking device because the purchaser was attractive, and he used that info to find and approach her.

As a licensed CA dealer, I do not have a BHPH business and do not use tracking devices. With that said, it is part of the required training and DMV testing needed to obtain the license.

David
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Old 06-18-2018, 08:32 PM
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Trackers

Holy Moly guys that discussion really took a turn.....Sorry but LOJACK is well worth the $$$. I know it ain't cheap but I speak with "experience" in recovering stolen cars, from the air and on the ground. Thing is, your car can be pinpointed with great accuracy by receivers in police cars. Add a helicopter its easy to locate your car.
LOJACK is hooked into DMV computers. As soon as you report your car stolen and (in California) you receive a File Control Number via the Feds, your LOJACK emits a code which is picked up by Police receivers. I think a Porsche is well worth the cost IMHO.
Old 06-24-2018, 07:51 PM
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Well I've called LOJACK about three times and got nothing. Maybe they have more business with dealers than they can handle, because they don't seem to be interested in returning calls to somebody who calls the number on their site for info about getting one. I'm about to the point of getting my car completed to the point I won't be interested in having one installed.
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Old 06-24-2018, 08:47 PM
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Holy smokes. Yes there are many trackers. I own one well known one called TRACKIMO. Really cool. Works great. I have the whole kit, extra battery pack for several days in your car . Also, the little tough black box with a very strong magnet that will stick to a frame and never move. So you just turn it on, let it find a signal , then go to settings and adjust how you want. Works like apple maps. As soon as your car moves from it’s location the tracker sends your phone app an email and it will show in real time where your car is going. After you buy the service is free for several months then like $5 a month. It works. Go to trackimo.com.
Old 06-24-2018, 10:27 PM
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Sorry, you must also set it up with an account and password and WiFi and stuff. But not hard.
Old 06-24-2018, 10:29 PM
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Quote:
Originally Posted by Rotor Head View Post
Holy Moly guys that discussion really took a turn.....
Agree - If those responding had read Post #1, most could have just kept quiet and returned to reading their books from Law School.........
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Last edited by LakeCleElum; 06-26-2018 at 11:37 AM..
Old 06-25-2018, 07:51 PM
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