Buying used? Check for liens

   / Buying used? Check for liens #1  

jfdlaw

Silver Member
Joined
Jan 30, 2004
Messages
156
Location
Webster, NY
Tractor
Kubota 2410
One of my friends bought a 2001 Deere 4200 TLB a little over a year ago. He found it in NC listed in one of the online classified (trader) sites. They struck a deal, he wired the money and had the tractor shipped here to NY. It was what was promised and everyone was happy . . . UNTIL HE GOT THE PHONE CALL.

Deere credit called. The seller had financed the tractor and while he took the money, he had not paid off the loan.

What we think happened is this: My friend had some work done at the local deere dealer. They registered the tractor on their system, when the seller quit making payments they came looking here. Told him they would be happy to let him keep the tractor if he paid the $20,000 balance on the loan.

Lessons for buyers of used tractors: 1. since they have no title on which liens would be recorded, finance companies frequently file UCC liens. You need to do a lien search in both the local county and state capital to make sure there are no liens on the equipment. 2. run the serial number by the dealer.

In this case the second point would not have been helpful, but the first might have revealed the lien. I say might because the UCC system in many states is weak and not set up for consumer use. In our state a search of the state UCC filings often takes 10 days and costs about $40. The county search is hit and miss, because you can't be sure which county the seller resided in when he bought the machine.

It's another thing to keep in mind when making the decision to go new or used.
 
   / Buying used? Check for liens #2  
I think it's great that you have pointed this unknown out to us all. It's not something I would have thought of at all. I feel sorry for that guy and can understand that he wouldn't have know either. John
 
   / Buying used? Check for liens #3  
JD,

Here in NY you can search online for free at NY UCC Search

Sorry to hear about your friends mis-fortune. Hopefully he can somehow recoup his money.
 
   / Buying used? Check for liens #4  
Generally, the Bill Of Sale will (should) have a clause stating that the item is free and clear of all liens and encrumbrances.

If the seller's going to lie, then he will obviously still sign the Bill Of Sale with the clause, but at least it will give you a leg up on going after him or having the authorities prosecute him.
 
   / Buying used? Check for liens #6  
A legal lesson: your friend may be a BFP. that is a Bonified Purchaser if he gave full value to the seller for the tractor. Your friend can obtain valid title against Deere. he needs to talk to a local attorney if he has not done so already.
 
   / Buying used? Check for liens #7  
I saw somehting similar to this happen a while back.

Our company sold a tractor to a fellow beginning to farm.. he got a ag loan from the farm bureau... Seems he then sold the tractor and split.. not paying the loan off. The farm bureau sent out an investigator to talk to us about it to see if we knew anything about him.. etc.

Soundguy
 
   / Buying used? Check for liens #8  
</font><font color="blue" class="small">( Deere credit called. The seller had financed the tractor and while he took the money, he had not paid off the loan.)</font>

Something seems missing here. Financing agreements typically require
the seller of a financed machine to pay off the outstanding balance on the
original loan after the sale has commenced. Assuming Deere does as
well it's beef should be with the original rather than the current owner.

Then again Deere may not want to volunteer any information on the
chance it may be able to extract some compensation from the current
owner.
 
   / Buying used? Check for liens #9  
<font color="blue"> Something seems missing here. Financing agreements typically require
the seller of a financed machine to pay off the outstanding balance on the
original loan after the sale has commenced. Assuming Deere does as
well it's beef should be with the original rather than the current owner.
</font>

Deere's beef is not with the current owner. They have secured the loan with a lien on the tractor. The original owner defaulted on the loan. Deere is exercising their legal right to repo the tractor. It does not matter what financial transaction the orginal owner made with the "current" owner. If there is a shortfall in paying off the loan after Deere sells the tractor or other repro costs, Deere will go after the original owner. The "current" owner is out what ever he paid and must go after the seller to recover his loss.

Jeff
 
   / Buying used? Check for liens #10  
I'm curious. How did this situation end up? Did Deere repo it and the buyer lost out all together?
Thanks for the heads up!
Moon of Ohio
 
 
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