Q: I bought a cargo trailer from a private party. I received a bill of sale but no title. Seems there is a lien in place.
I’m military, living in Tennessee but currently serving a tour in Korea. Seller lives in Missouri. Lien is recorded in Illinois. After months of excuses about the bank being slow I received a picture of a title with matching vin showing the seller as the buyer and the lien signed off. So not a ”clean” title. More months have passed as I’m expecting the seller to obtain a title in his name that can be assigned to me. I used a vin check online with no result, not surprised as they cater to vehicles not trailers.
Questions: how to determine if a lien exists?
Where is the proper jurisdiction? Did the seller act illegally and do I as buyer have any legal way forward?
A: If the contract was made in TN, then jurisdiction arguably lies there. But it sounds like it is a MO contract, and apparently that is where the seller would be served, so MO is alot safer. You did not mention the price involved, which makes a difference. If that photo shows a lien, then contact the lienor as shown on the title. Making a deal with the lienor may only help your seller though, so coordination is key here. Contact a MO sheriff as there may be criminal sanctions involved. As private, no license and bond is involved. You can ask JAG for help but do not expect any, unless a crime is involved (maybe). I doubt a MO attorney can help, and apparently you have already dealt with MO motor vehicles.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
