[sheepofblue]

Originally Posted by Doomwitha929

Morals have nothing to do with the LAW. Legally if he has paper work to prove ownership its his. Might suck for the other guy but he also should have legally titled the bike when he got it.

Or you could attempt to do what is right. Thus my statement. The law is not always right (nor wrong) but as others have stated what if you were the person that got his bike taken? The fact is that if you attempt to do the correct thing morally you will have FAR fewer issues in life and will prosper. This seems to be something that escapes more and more people all the time. Yes, he might be able to go get a bike (notice I did not say his bike) cheap due to a snaffu but that does not make it right. Yes it might even work out for him, or he might have lawyers or some wack job attack him. If he buys and sells bikes in a normal fashion he will have lots of pleasurable rides. You lie with dogs you get fleas folks, or in this case you may be a carrier. If I met someone that bragged about getting a bike this way I would avoid them. Sounds harsh but then my friends are the type that help people and don't bring me or others grief. End rant.

[bettingpython]

If impound in LA is like anywhere else I have ever been the new owner can not get that bike, since legally it is not his. It's going to cost him several thousand in storage fee's by the time he gets the title transfer done so that he is the legal owner to go pick it up.

Paperwork through the cracks aside most dealers do not transfer used titles into their names they will sell the vehicle with the signed released title from the original owner.

[Twincam]

All i can say is if you are going to go pick it up, make sure your back is covered. If the law says its yours, it is yours. If the papers have been signed yet they havent been processed, im not sure what will happen thereafter.

I would collect it as legally it is in my name, but saying that I would leave it lying low e.g. in my garage until the dust settles.

I thinking that they may not have processed the papers in the DMV, how long would it take for the title to be changed over (See # 32) ? Im just thinking if i was in your shoes, its very very very tempting but a little risky.

Good luck

[-Z-]

To be honest, I'm less concerned with getting this bike and making it mine than I am with limiting my liability. The way I see it, I sold the bike, I got a good chunk of change for it, so I'm really not interested in having the bike. The IDEAL situation from my point of view would be if whoever did buy the bike met me there and paid me simply for my plane ticket and gas, etc. Ideal, but highly unlikely. Did a little research, and since the DMV never processed my original Release of Liability even if I were to send in one now I'd still be legally liable for any fines and fees related to the whole impound situation. So I'm going to get it out, put it away, and see if I can track down the rightful owner. At which point he can come get it and just pay me for my expenses. I'm not even gonna bother to charge storage.

[slickwill]

see if I can track down the rightful owner

Respect.

[Twincam]

Originally Posted by slickwill

Respect.

[Doomwitha929]

I agree about respect but his question was "is it mine" not what is the right thing to do.

Chances are it will rot in impound till they auction it off. I would get the title like I said, pick up the bike and see if the guy comes looking for it. If no one comes for it after a month or so do as yopu please. You could also check with the DMV to see if it was titled or registered under someone elses name and look them up. I wonder if you could find out if someone else insured it and contact them? Would the Cops tell you who had it when they took it? contact them and ask what the story is or call Berts and find out who it was sold to. You said the cops said the guy who had it had no paper work of ownership and did not have it tagged or registered? Sounds like maybe he stole it?

[-Z-]

Pretty much just like you said, Doom. I already checked with the DMV and everything relating to the bike that they have in their system is still under my name. And yes, as far as the cops and the dealership, that's exactly what I'm planning on doing.

[Maholli]

I say go pick up the bike... It probally will rot in the impound lot until it hits the auction..

[MCR001]

Not yours - the man that legally paid for it is the owner, you are under an obligation to report this matter, if the paperwork has been screwed up somwhere and catches up with you - then you will held resposible as a theft case.

[quil900]

From the sounds of it he's going to track the guy that bought it down, z also said many times he has no use for the thing and just doesn't want his name dragged into the mud more or less.

Shouldn't it be the dealers responsibility to register everything through the dmv much like they do with cars?

[-Z-]

Got a letter from the tow yard that has the bike. They're going to put it up for lien sale in less than a month here. I'm thinking maybe I'll just let go of the whole matter and let them sell it off for what they are owed, and just wash my hands of the whole affair...but on the other hand, I don't want a similar thing to happen with the next person who buys it either....hmm.

[Ol' Gravy Leg]

well, it won't happen to the next guy because a lien sale begins a new title/paperwork trail.

however, it is clear that the bike is not going to be picked up by anyone. the question is: would you rather get the bike (and perhaps get it back to the guy who bought it) or let the thieving tow company profit from it?

sorry, but i have no love lost for those crooks--i've heard too many stories and every single experience of mine has been bad (stolen items, damage, erroneous and outrageous charges).

[DeathTrap]

They will not be able to get it out of the pen without showing ownership and the state will sell it at auction.If he does somehow get it out and then commits a crime the cops will be looking for you!Get it out ride it and if the other guy shows up give it back less expenses and throw in some storage charges for all your trouble.In any case if it goes to auction he will loose out and they get the money.Screw the state and pick it up.Worse case scenery is you get the bike for next to nothing best case the new owner contacts you and he gets his bike back and the world continues to turn.

[Ol' Gravy Leg]

there's no auction. it's a lien sale by the junker.

[quil900]

I'd say go get it. The wrecker company is going to be selling that bike and say they sell if for 5k to get rid of it quick, it only cost them no more than a 100 bucks of actual loss in money to pick the bike up. They are going to make $4900 on quick sale of the bike but they could hang onto the bike for a while and make 6 or 7grand off it. Go get the bike...

[soupnazi]

We can safely say that the last owner of the bike is not able to collect the bike, even if he tried. Ergo one of two things can happen;

-The holding yard will keep and sell the bike.

-You can collect the bike.

If they keep it and sell it and reset the paperwork its the last you'll hear of the matter. The yard will also make a tidy profit on some glitch in the papertrail.

or

You retrieve the bike for minimal storage costs and it's once again in your possession to do with as you please . You can then attempt to contact the previous owner and iron out the space time continuum.

He can then pay you storage and time costs and gets his bike back. Splendid, one up in the karma stakes. Alternatively if he is either non contactable or was a theif of some description you've got your bike back. Brilliant.

[-Z-]

Something I want to address here....

Although the DMV's records and everything say that the bike is legally mine still as far as they are concerned, I don't really consider it mine. So if I do end up bringing it back up here and storing it, I can't really ride it. That would be taking advantage of the situation and quite possibly illegal to boot.

[soupnazi]

If you make all reasonable attempts to get it back to the rightful owner, what more can you do?

If the yard sells it I'll bet the owner is not going to pay for it over again.

[quil900]

You've got to get it back and get a hold of the guy. If you don't the scum tow yard is going to either get the bike or get the thousands of dollar in cash product. The tow yard is going to sell the bike to someone that works at the shop and still make a grand or two if they like the person enough. I know when I walk into a dealer to buy something like a car or bike or something that has paperwork, title and plates I'd be expecting them to take care of everything. If they don't how am I supposed to know they did it or not? If the person that bought the bike was 18 or younger he'd have no idea what to do or if things are handled properly. I'd be thinking about riding and riding alone! That person has no way, shape or form of getting the bike and just lost all the dough on it. You should feel worse if you don't plan on helping the person out. As long as you make the money you have invested into getting it back. You seem honest enough to not want anything to do with it so don't ride the bike just go get it back and seek out the person that bought it. Don't let the dealer know what happened as they'd probably find some way to take possession of the bike and resell the thing to make some more money. You can never trust any place that is making profit on stuff. I just had a dealer (parkplace mercedes) forged my wife and I's signature for a warranty. Worse case scenario you can't find the person and the bike is yours. Either way somebody that doesn't deserve the bike is going to get it if you can't find the person that bought it. I'd say you deserve it more than the tow yard. Not to mention what happens when the next person to buy it doesn't put the thing in his/her name? They'll be contacting you in person with a sheriff wanting to know why you ran from them! LOL

[sheepofblue]

quil they do not take care of it. When you went to get your plates you did. The person that had the bike impounded was running with expired registration. Though it is likely the plates were not even for the bike (how did you get plates without a title ) further the rider had no license and I am betting no insurance. In other words the dealer did all of the paperwork but this person did not complete things, likely because it was overly expensive or they legally could not.

Your last point is the only one I am on board with. Resolution will stop future fubar moves by the government which might be a headache. Not sure how this works but maybe something like a quit claim (though I am not at all familiar with CA law)

[TKDmasterZ]

Originally Posted by -Z-

Got a letter from the tow yard that has the bike. They're going to put it up for lien sale in less than a month here. I'm thinking maybe I'll just let go of the whole matter and let them sell it off for what they are owed, and just wash my hands of the whole affair...but on the other hand, I don't want a similar thing to happen with the next person who buys it either....hmm.

When I picked up my stolen-then-recovered bike from the impound 5 days later, they were ready to sell it off to an auction. They didn't tell me about the 5 day deadline, and if I were one day late, my bike would have been gone. This is after I called them 3 times that I'll be there that week to pick up the bike.

You should make sure that they haven't sold off your bike already, because in Long Beach, they'll sell it in 5 calendar days (including weekend).

[-Z-]

They shouldn't have sold it yet. They did the paperwork for a lien sale on it already, and so they have to wait for 30 days from the day they filed the paperwork....legally they aren't even allowed to sell it off until then. The only person who can buy it before the 30 days are up is the legal owner of the bike. Currently that's still me.

[djer73]

go get z. if the paperwork is still in your name it is yours by law.

[quil900]

sheep,
Generally the dealer takes care of all of those things. Would the state rather have the dealer "honestly" put the price the bike was sold for so they can get tax money or have the person buying the bike put down a fake number thus missing out on hundreds of tax dollars? Dealers take care of that kind of stuff. Just like they deal with financial companies to get you approved.

I can honestly say that people make mistakes and who's to say the dealer didn't forget to do things? You never know...

If he leaves the bike they are going to sell it and if he does get the bike how is he going to be any more trouble if the state has no idea what is going on?

I just hate to see the yard get to sell or keep the bike for pennies on the dollar.

[tymeshare]

as tempting as it sounds...you did SELL the bike to SOMEONE...you issued a BILL OF SALE to that some one..the bike isn't yours..anymore..i'd leave it alone...someday this could happen to one of us(maybe even one of the guys yelling "take it,take it!")...and it could be the fault of the DMV..paper work miss placed..stoned worker..whatever..however if you do go get it..hang on to it..after 90days(here in Missouri) it is considered abandoned property..you file a lien for storage, requesting title..and it's morally/legally yours again..i know the tittle is in your name..but there is a bill of sale with YOUR signature on it out there somewhere..and that could get you in trouble