Q: My house and garage were broken in my car and belongs stolen. The criminals got hold of the title and by fraudulent mean
My house and garage were broken in my car and belongs stolen. The criminals got hold of the title and by means of fraud and forgery (they falsified my signature) were able to switch over the title to somebody else. Not only was my signatures falsified but the title itself was not up to BMV standards (the supposed new owner signed as both the seller and the buyer) and yet the BMV failed miserably to uphold its own standards. Do I have a good case to take the BMV to court?
A: No, you’re not going to have a good case against the BMV. It’s a government agency which means it has qualified immunity. That basically boils down to you cannot sue then over mistakes only affirmative conduct. So unless they were in on the scam, you’re going to have to go after the thieves not the BMV.
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