Legal Question in Real Estate Law in Missouri

If you buy a car , selling on consignment that has a lien on the title, and the dealer does not pay the seller, can the bank with the lien repossess the car? The title is in my name, but the lien is in the previous owner's name. The dealer basically took the check we payed them, cashed it, and shut down their dealership. The dealer forged the previous owner's signature on the bill of sale and title, then ran. Now the previous owner is requesting the car back, but if that happens, we loose $13,000 and the car. We have no idea what to do please help.


Asked on 7/11/10, 5:59 pm

1 Answer from Attorneys

Anthony Smith LawSmith

obviously you all have aclaim agains teh unscrupulous dealer. You should report the dealer to Attorney Geenral's Office and file a Petition to quiet the Title to the vehicle and for aclaim agisnt the dealer's bond company, in circuit court. You hav ethe car and a tenable title to teh vehicle. The seller got what they expected to ahve happen, excep the dealer ddid nto turn over their share of the money. The courts may view their claim as being agsint the dealer not you or your car.

Given that you have this money at stake, you should hire an attorney to help you prepare the doucments, if not to represnt you in court. Without legal counsel the previous owner may get the car and you get nothing, if the issu o fthe forged transfer and bond issue are not handled right.

Good luck

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Answered on 7/23/10, 1:20 pm


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