Legal Question in Real Estate Law in California

Fradulent Documents
My husband's cousin expressed interest in purchasing my vehicle. I agreed to sell the truck to him. He failed to make any payments to me, and would not return the truck to me after numerous requests to do so. I went and got my truck. This person went to the police and claimed that I stole his truck. When the police ran the truck's information, I discovered that he is now the registered owner, but the application is on hold. When I looked in the truck, I discovered several documents that were forged with my signature in an attempt to gain possession of the truck. What should I do?

Asked on 5/31/08, 11:59 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

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Re: Fradulent Documents

At the time he first got possession of the truck, what did you give him? The truck? The keys? The pink slip (certificate of title)? A bill of sale?

After turning over possession, did you notify the DMV of the sale, as their regulations require?

Did you get a promissory note? A down payment?

What exactly is on hold? What kind of application?

What did the police conclude when they investigated the stolen vehicle report? Who has possession of the truck right now? Who has possession of the forged documents? What kind of documents are they?

When a police report of a possible crime is made out, a copy goes to the district attorney. If the DA thinks a prosecution is "warranted," you will be served with an arrest warrant. Although you may have a legal claim against the buyer, it may not be a claim for possession of the truck; it may be nothing more than a claim for breach of an oral contract to pay the balance due.

Self-help repossessions of vehicles are not legal. In the first place, in order to have the right to repossess, you must have a security interest in the vehicle. Just because you are owed money doesn't give you a security interest. Second, the activity of vehicle repossession is regulated and licensed, to prevent violent incidents and charges of theft against the folks who carry out repossessions.

Repossession and the rights of the person in possession are covered by the Rees-Levering Motor Vehicle Sales and Finance Act, found in the Civil Code at Sections 2981 to 2984.6.

If you can supply me through direct contact with answers to the questions above, I might be able to figure out exactly where you stand legally, but at this point I can't say who's in the right and who's in the wrong. Probably both of you have handled aspects of the transaction improperly. To be sure, however, forgery is probably far and away the most serious thing that's happened here and if proven may govern the outcome.

Answered on 5/31/08, 6:27 pm

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