Buying Advice Buying used.. is there a lien on it ?

   / Buying used.. is there a lien on it ? #11  
i know our local courthouse will not record leins on materials with no COO

soundguy
 
   / Buying used.. is there a lien on it ? #12  
I mean that sure would be hard to track down.. So i could put a lien on a guitar or whatever..Don't make cents to me.:eek:

I sure don't know about a guitar, but tractors rarely have titles, yet the finance arm absolutely files liens on them. When I sold my Kubota, the buyer saw the lien, as Kubota indeed registered it, as it makes sense for them to. We cleared it, bing, bang, boom. Done. Everybody was happy.
 
   / Buying used.. is there a lien on it ? #13  
I mean that sure would be hard to track down.. So i could put a lien on a guitar or whatever..Don't make cents to me.:eek:

Well I don't know about guitars ... I do farm equipment repo work and the repo oders always have a copy of the UCC. So I am saying that any farm equipment that has been financed you can bet their is a UCC filed.

Now here's one for you ... and I'm sure some know and some don't. States (again if not all) also have a listing for mortgaged livestock ... gives the name of the borrower, the financial insitution, the date of the loan, the amount ... this is for all animals on the hoof... and any auctioneer, livestock auction market must have this list when selling livestock and the check must be made payable to the seller and the bank .... thats why we carry "errors and ommissions insurance" ... just in case the girls in the office would miss a name in the book. Knock on wood it has not ever got past our company or any livestock market that I sell for.

Most common it states "ALL LIVESTOCK" and yes I have had sellers get frustrated when the check is made payable to them and the banker ... I have had them say to me "I have no mortgage/lien" all I say is "then it won't be a problem for you to get the bankers signature on my check!!"
 
   / Buying used.. is there a lien on it ? #14  
I forgot ... alot of UCC's also state at the bottom "All farm equipment" ... in other words the bank has a blanket coverage on the equipment.
 
   / Buying used.. is there a lien on it ? #15  
they should start titling tractors, atv,s, utv's pwc,s and other items without a title . it would be easy to fall victim to a scam artist. As, searching for a lein on something (without a title) could prove difficult
 
   / Buying used.. is there a lien on it ? #16  
even if it was simply a COO with a unique identifier number, similar to a vin..

soundguy
 
   / Buying used.. is there a lien on it ? #17  
Looking at buying a late model used tractor, how can I tell if the seller has a lien against it ? Is it up to me to be 100% sure or is it the seller' responsibility to have it paid for ?

You can't tell for sure. All you can do is protect yourself with a carefully worded Bill of Sale. I buy old tractors from time to time (to restore them) so these are almost certainly lien-free. But I use this BOS to protect against someone who's not the owner trying to sell it to me.

Tractor bill of sale.jpg

So far I haven't had any legal problems arising from my tractor purchases.

Good luck.
 
   / Buying used.. is there a lien on it ? #18  
Bills of Sale, no matter now craftily written aren't the way to go and wouldn't matter in the case of lien. I understand what you're doing on buying older stuff, with little likelihood of lien, however. But newer stuff?
Simple reason?

The "seller" doesn't own it. Not really. The lien holder "owns" it or at least proportional rights to it, in that money is still owed. I don't have the right to sell something unless I've cleared another's equal claim to it. Just as if I had two names on a car title or owned a business with an equal partner.

Thus, a bill of sale isn't where I put my trust. When I buy used, and I often do, I want the title cleared, the lien cleared, and the UCC cleared, whichever applied. Otherwise, the BOS is meaningless, at least to me. First things first.
 
   / Buying used.. is there a lien on it ? #19  
the BOS would likely come into play as a means to make claim on the seller, if there was fraud involved.

mind you.. he may have no other attachable assets either, if he is a fraudulent person .. etc.

soundguy
 
   / Buying used.. is there a lien on it ? #20  
Looking at buying a late model used tractor, how can I tell if the seller has a lien against it ? Is it up to me to be 100% sure or is it the seller' responsibility to have it paid for ?

the BOS would likely come into play as a means to make claim on the seller, if there was fraud involved.

mind you.. he may have no other attachable assets either, if he is a fraudulent person .. etc.

soundguy

Yup. Your are so right.

The OP asked about buying a late model tractor asking whose responsibility it is to check on the lien? Short answer? If you are the guy handing over money for something, it is entirely up to you. Me? I'm asking for the payoff letter and/or checking the UCC. I'm never just going to take someone's word at face value, if I'm handing over $20,000. caveat emptor Buyer beware. Kind of an old expression.
 
 
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