Legal Question in Real Estate Law in Wisconsin
If you have a handwritten agreement that is signed saying how much you will pay for a vehicle and how much a month, and the title was signed over to you and you fall behind on the payments can the private party come and take the vehicle? and can it be stopped if the balance is paid in full where they dont have any rights to the vehicle?
1 Answer from Attorneys
Yes, the only sort of vehicle title which is recognized by law is the one which is registered with the Wisconsin Department of Motor Vehicle; this registered title will generally trump a handwritten note promising to sell the vehicle. For example, the titled owner would usually be able to report the vehicle stolen and take possession of it if recovered by the police. However, in a sales contract situation, if the vehicle is not repossessed properly by a bank or other commercial lender (when the borrower falls behind in payments), the lender could face counterclaims due to wrongful repossession, the purchaser could even potentially win the vehicle back in court, depending upon how egregious the violations were. That being said, Wisconsin law does currently allow self help repossession if certain procedures are followed and if it is authorized by the purchase contract and security agreement. My comments here are not legal advice, nor do they create an attorney client relationship between us. However, you are welcome to contact my office to discuss retaining me or to set up a free initial consultation at my office in Racine.