Buying used? Check for liens

johnw · May 18, 2004

Thats another reason to be skeptical about buying out of your geographical area. As you said his only recource is to go after the guy who sold it to him but that is very difficult and expensive when he lives 5 states away. I would assume all court proceedings would have to take place in his location.

Ozarker · May 18, 2004

I trust he has notified federal law enforcement. Sounds like a classic "wire fraud" case to me. The feds frown on people using the mail, wire services and various interstate communications systems to defraud other people.

Inspector507 · May 18, 2004

Keep in mind, not all UCC's filed ever get cancelled or removed. I looked at one for my brother on a Kubota B2710, that he traded back in or sold back to the dealer 6 momths later. That was in 2002 and it's still there.

Bird · May 18, 2004

( not all UCC's filed ever get cancelled or removed )

Wonder how you check on those in Texas. I know we did things all wrong when I sold my B2710, but the buyer gave me cash money and took the tractor; no paperwork of any kind done, except that I gave him copies of the bill of sale from when I bought it. And I did still owe Kubota Credit some on it, but mailed them a check to pay it off the same day I sold it. And of course they later sent me the paperwork back showing it was paid.

Inspector507 · May 18, 2004

Bird,
Start with the State Secretary's Office or your County Recorder. They may be able to tell you. I just went to Ohio's main site and did a search for UCC 
Duh.......it's the same site I use to find agents for corporations when I need to send them Building Orders /forums/images/graemlins/grin.gif

Bird · May 18, 2004

Thanks, Jerry. You're right; it's the Secretary of State in Texas, too. But there's a charge for each search, so I won't even bother since I have the "paid" paperwork from Kubota Credit. /forums/images/graemlins/laugh.gif

uhmgawa · May 18, 2004

( 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.)

Quite likely. It does though raise the question of what the financing agreement
verbiage of "paying off the outstanding balance upon subsequent sale" is meant
to address.

BobReeves · May 18, 2004

They are going to go after the easiest target which in this case is the honest guy with the tractor.

Have the frend tell them he sold the tractor and can't remember who he sold it to. /forums/images/graemlins/laugh.gif

SPIKER · May 18, 2004

Yep:

My brother owns his own buisness, (drywall installer & finisher for new and rehab work too.) He has leins that are 5+ years old where people didn't pay up all of the $. SO if ever it is sold then he will get his money, from the proceds form the sale, if not then form the new owners who will then be assumeing all depts still due... that is why you HAVE to pay for title search prior to buying anything of value!

(Inspector: thanskf for the link to OHIO site! you always
have great info for us rubes!) /forums/images/graemlins/wink.gif

Anyhow it is VERY important to do this for a large purchace when there is no title involved, cars trucks the like can also get you into truble if you BUY somethign and the seller does not have the title yet... I learnt this the hard way when I was young, bought my '74 cougar guy (a dealer) had it on trade, said it only had 43K miles on it, and that he didn't yet have the title due to fact it was on trade and was from a fellow military member who had shipped out... it took me almost a year to get firm title and then it had 143K on it... nothing I could do after the fact and was only 1400 at the time. I was able to regester it with out the title due to dealer said he had a loan on it which got me a temp permit at the time for plates... (I still own it, but it is titled in Kansass and I'm not in ohio, and I cant find the title either...) ow well it is pretty rough shape but will still run I think!) lol

Sorry for you're friends loss. /forums/images/graemlins/frown.gif

Mark M

JimR · May 18, 2004

This is not right. How does a guy know if a loan is oustanding if he doesn't know about it to begin with? There are no titles on farm equipment like in the auto industry. I understand the lein part of it. But JD should go after mister scumbag and not mister legal Joe. Repo his car/truck or house to recover the money.