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Old 01-07-2016, 02:32 PM   #15
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The result might be the same for the purchaser.
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Old 01-07-2016, 02:38 PM   #16
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Why?


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Old 01-07-2016, 02:45 PM   #17
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If it goes to divorce court and the trailers are given to the party that did not sell them, then the trailers are the property of the second person and must be given to them. If you bought them you sol. I think? At least that is logical, which means nothing on today's courts.
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Old 01-07-2016, 03:13 PM   #18
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I think the divorce court would deduct half the value of the trailers from the division of assets going to the party that sold them.


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Old 01-07-2016, 03:14 PM   #19
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Brings harsh new meaning to the phrase "misery loves company"... especially to the (or a), potential 3rd party.
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Old 01-07-2016, 04:20 PM   #20
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If I had bought something that had been sold out from under an owner, and then became aware of it, making it right might be offering to take my money back and giving up the trailer if it was wanted back and without making an issue of it, cooperating with providing information as to how I acquired the trailer and from whom, etc.

Making it right. Whatever you can do to help resolve the situation.

I don't think this would constitute theft by the seller, nor receiving stolen goods by the buyer....could constitute contempt of court for the seller.

If the buyer purchased legally, the trailer(s) now belongs to them, unless surrendered back. The problem is with the seller, if they were sold improperly or in violation of a court order.

It sounds like a divorce court is involved, and that this is a divorce in process.


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Old 01-07-2016, 04:30 PM   #21
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Old 01-07-2016, 06:19 PM   #22
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Again, my sympathies to anyone going through a divorce, but I'm still thinking about the broader implications of this. Ordinarily, we think that if we have a pink slip and a copy of the current registration, we are fine to buy the vehicle. Of course, a pink slip could be forged, I guess. Or maybe someone has filed a lien against the vehicle since it was last registered that we could find out about if we contacted DMV. It's hard for me to believe that an unrecorded lien, like a court order in a divorce case, could have any impact on the buyer; otherwise, there would never be a safe way to purchase a used vehicle. The seller could be in contempt for ignoring a court order, but that shouldn't affect the buyer. So does anyone know if we have to take further steps beyond verifying that the seller is in fact the person shown on the pink slip and on the current registration in order to have a valid purchase?


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Old 01-07-2016, 08:28 PM   #23
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Laws differ State by State. A constant; receiving stolen or fraudulently sold/acquired goods, no matter free or paid for, are subject to confiscation without compensation. Caveat emptor always applies.

Meanwhile, there might have been a clue missed by the ridiculously low price asked
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Old 01-07-2016, 08:39 PM   #24
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Similar situation....My horse was stolen from the ranch where it was boarded. Somehow he ended up at the animal shelter who auctioned him off to the highest bidder. (I didnt even know animal shelters have horses which is why I never checked there during my search!) Despite a police report the animal shelter took the stance that he was "abandoned" Once I tracked down the new owners I went to his place of business (a veterinarian ofc) with the police officers in tow...I dont know what they said to him in private but he was quite agreeable to return my stolen horse to me. I still feel sorry for the pet owners in the waiting room who panicked when I waltzed in with the police in tow..one lady took her dog and ran outta there...hehe. It was then a argument between the animal shelter and the "new owner" regarding reimbursement of the adoption fees etc...
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Old 01-07-2016, 09:13 PM   #25
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I think the divorce court would deduct half the value of the trailers from the division of assets going to the party that sold them.


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Me, too....They sound like community property. I don't see any theft or receiving stolen goods. It sounds like a civil matter between the married, not a criminal matter.
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Old 01-07-2016, 10:27 PM   #26
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Laws differ State by State. A constant; receiving stolen or fraudulently sold/acquired goods, no matter free or paid for, are subject to confiscation without compensation. Caveat emptor always applies.
First off, my sympathy to the original poster.

The thing I don't understand here is that in most states, vehicles like trailers have proof of ownership in the form of a title, which is a recorded document. (In Ohio, maintained by the Clerk of Courts for the county.) To sell the vehicle you have to have the title. To transfer the title the owner endorses it over to the buyer and title is transferred at the Clerk of Court's office. Presumably the domestic relations court could flag the title as disputed and the clerk of courts would not permit the transfer. If the seller is not the legal owner he or she would also be guilty of forgery.

The main concern here may be that the trailers might be headed for Mexico, out of reach of California courts.
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Old 01-08-2016, 12:18 AM   #27
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Thank you for all your heartfelt sympathies and valued input. One of my elder Church lady friends has said to me: "You;re going to have an awesome testimony when this is all over!". I've been going down this road for almost 3 years, learned way too much about the family court system here in CA and it's undoubtedly different around the US. I have lived in the AS for months during the process, never wanted to use a lawyer but needed to fight for the most important thing in my life, my 9 year old son. We took the Safari to Sequoia NP in August and Big Sur in November. Best boys vacations ever! That might of been the straw.,, Over $75K to date has gone into the black hole, and I thought after 2 day trial in September 2015, the end was in sight. While visiting family over Christmas back East, the AS that a court order gave me "Temporary, possession and control" in 2014 was taken from private property in plain sight in December 2015. Yes it was double locked on the hitch. The title was in both names and FYI, a / on a CA tile between the name means "and". Both parties are required to sign and therefore the title was forged( I lost count how many times that was done) and fraudulently conveyed. To date no information on the sale as I will have to wait to the next Ex parte( for one parties benefit) hearing in 2 weeks to see how a jaded, civil, bureaucrat decides value or legality of transfer of an old trailer or whether he'll assist in getting it back. Sadly, it continues to be lose/lose as petitioner & respondent both loved it and one party did not want to see the other one possibly enjoy it without them. I think it was simply, the death of so many dreams of the places they would go. To be continued...Thanks for letting me vent. Peace.
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Old 01-08-2016, 05:50 AM   #28
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A sad tale, indeed.

Head up, do your part, and trust that it will all work itself out....tho not necessarily as you would most prefer.

Concentrate on what is most important, that son of yours.

Good luck, and keep us posted.


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