liens

[kthompson]

Years ago, Ford Motor Credit tried to say I was in default on a pickup truck, and they were mentioning repo. I wasn't in default at all, and was actually paid ahead, and had the cancelled checks with their endorsements to prove it. When they saw their mistake, they were apologizing by letter. The current owner should make sure the paperwork is right. The tractor may have been paid off, and they don't have the paperwork.

Had same issue with Bank of America few years back. This went on for two or three months. I do think he needs to find the seller and talk with him. I find it hard to believe any loan company went four years from no payment to finding a tractor that is registered with the company. If the claim is legit think they would want to work with the OP do as little harm to him as possible also.

As to the 1099 JD financial has his Social Security number or tax id number, if legit claim they may be able to help on this. Does that info go into court filings? If so they should have done such filings to go after repo I think but again I am not a lawyer.

 

[PILOON]

Having digested most of this trend I find it awful that the wrong person takes the hit and the 'perp' basically gets off free*.
(assuming he did not knowingly purchase a 'stolen' tractor)

*other than now having a bad credit rating but then he has the 'stolen cash'.

 

[two_bit_score]

This even happens to equipment dealers...as the following advice article demonstrates...
Protect Your Assets When It Comes to Trades | 2�12-�6-14 | Farm Equipment

Very good article. Even dealers acting in "good faith" are not above the law.



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[TheMan419]

Having digested most of this trend I find it awful that the wrong person takes the hit and the 'perp' basically gets off free*.
(assuming he did not knowingly purchase a 'stolen' tractor)

*other than now having a bad credit rating but then he has the 'stolen cash'.

Yes getting law enforcement interested in the issue will be slim chance at best. The perp committed fraud if he told OP he owned the tractor free and clear.

Of course I would make sure that JD had all their ducks in a row.

For those saying that the repo agent is committing theft if he has no court order that is not true in most all states. The repo agent can repo as long as they are not committing a breach of the peace. So if you are there and tell them to get off your property they have to leave. They cannot break into a locked barn/garage or whatnot. Indiana law is not clear if they have the right to open an unlocked door to get to the tractor. I suspect they do not.

If the tractor can only be found in a locked barn they have to go to court and get a court order. Of course you have to get notified of such and have a right to a hearing etc. However once they have the order they can bring the police and kick the door in literally if they need to.

 

[My Gym]

Most of the comments about repossesion that have been made in this discussion are based upon experience with Titled vehicles. If the title is in your name you own it. That is why if you owe money on a car they do not give you the title. That is why repo people can seize cars and trucks against your wishes. They can prove ownership on the spot to legal authorties. A lein it a very different animal. It is a financial interest not ownership, and you cannot just seize property. In some cases the debt has been sold to a collection agency who may not be quite honest. If $500 is still owed on a loan, it can still be in default with out due process in the courts you may be giving up a $50,000 tractor for a $500 debt. Without a title, ownership is a court and legal matter. Make them jump through the legal hoops and only transfer possession to a legal officer of the court with paperwork.

 

[two_bit_score]

I would not dismiss the interest of law enforcement getting involved in a theft of $25,000 without talking to them about it first.

Yes they might say 'it's a civil matter, nothing we can do'. But I've seen people prosecuted and sent to prison for lesser amount under similar circumstances.

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[TheMan419]

I would not dismiss the interest of law enforcement getting involved in a theft of $25,000 without talking to them about it first. Yes they might say 'it's a civil matter, nothing we can do'. But I've seen people prosecuted and sent to prison for lesser amount under similar circumstances. .

In my county good luck with that. It is not going to happen.

 

[kthompson]

You may wonder what has this to do with the OP but know a person in my area who had a theft operation of such as tractors and construction equipment. He would basically take orders for equipment and then have his person steal it and then another person to deliver it. He was caught in two different counties with stolen equipment... one the equipment on the trailer being hauled to the buyer and the other he went to the buyer to collect payment which was a police stakeout and were there to witness the selling and payment of the stolen machine. Do not remember how many machines was stolen by him and his group but a few any way. Want to know what the courts did with him? Well no time.Think a few months probation. He is a person who was actively stealing machines and selling them knowing it was fully illegal and mostly turned lose. So much in our legal system does not make sense to me.

You know I have bought and sold items for a few hundred to maybe a couple of thousand using CL and other methods over the years. I have never bothered to keep the name or address of a person I sold something to. So the idea you could sell something and honestly not know the name of the buyer a period of time later if for fact true with me unless I knew them before hand.

 

[Sprinklerman]

Here is what I dont like about the situation. I buy a tractor from the third owner , I run his name and there is no lien , 5 years later i take the tractor to the dealer and they say I dont own it . Unless I have the original bill of sale from the original owner i have no way to check . Even worse , if I buy a tractor from someone who brought it with them from out of state , and i only check my state ucc filings I am screwed again .

 

[quicksandfarmer]

OP should talk to a lawyer before doing anything. Not a lawyer, but some thoughts:
1. You may not really be dealing with John Deere. You may be dealing with a collection agency that bought for pennies on the dollar a debt that Deere wrote off, that happens all the time. The agencies then go back over the list trying to collect whatever they can, using whatever methods they feel like.

2. As others have noted, there are legal requirements for a lien to be valid. A lawyer can advise you on those.

3. If the lien is valid, Deere has the option of either collecting a tractor from you or cash from the seller. They will take the path of least resistance. You have no legal, moral or ethical obligation to make yourself the path of least resistance.