# Question On lien title?



## Blonde25 (Dec 14, 2012)

Hello! 

I have a question as to the process of placing a lien. I received personal property release on 12/20 so trashed everything out. Inside the garage was a 2008 yamaha, which I towed to our storage. On christmas eve, the realtor gave the previous owner my contact info and they started calling me harassing and threatening me. At first I tried to diffuse the situation, and drove with my husband and children on christmas eve to to he property, so the people could get their belongings out of one of my trailers. Well the people never showed and kind of ruined my christmas eve, so now I kind of take it personal and placed a lien against the quad instead of being nice and letting them have it back. Well, 2 days ago the realtor calls me again and says the people are going to press charges for stealing it. I have my legal documents from Fannie Mae, and AMS, but I have never dealt with such annoying realtors or people before. Is there a way I can be liable for "stealing" if the 18 day notice had been posted and expired? Thanks so much!


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## SwiftRes (Apr 12, 2012)

Give them their quad back and move on. I am not sure the benefit in liening their quad. For a trip fee? I understand you went there on Christmas Eve, but you are the one to agreed to that. You would have been out the time whether they showed or not. If the bank is paying you storage fees to store the quad, then that is already covered. It's not worth the hassle here...

You say they are "annoying people" while you have their $1000 quad in storage... I'd be pissed too, whether the paperwork says you are right or not.



Blonde25 said:


> Hello!
> 
> I have a question as to the process of placing a lien. I received personal property release on 12/20 so trashed everything out. Inside the garage was a 2008 yamaha, which I towed to our storage. On christmas eve, the realtor gave the previous owner my contact info and they started calling me harassing and threatening me. At first I tried to diffuse the situation, and drove with my husband and children on christmas eve to to he property, so the people could get their belongings out of one of my trailers. Well the people never showed and kind of ruined my christmas eve, so now I kind of take it personal and placed a lien against the quad instead of being nice and letting them have it back. Well, 2 days ago the realtor calls me again and says the people are going to press charges for stealing it. I have my legal documents from Fannie Mae, and AMS, but I have never dealt with such annoying realtors or people before. Is there a way I can be liable for "stealing" if the 18 day notice had been posted and expired? Thanks so much!


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## thanohano44 (Aug 5, 2012)

SwiftRes said:


> Give them their quad back and move on. I am not sure the benefit in liening their quad. For a trip fee? I understand you went there on Christmas Eve, but you are the one to agreed to that. You would have been out the time whether they showed or not. If the bank is paying you storage fees to store the quad, then that is already covered. It's not worth the hassle here...
> 
> You say they are "annoying people" while you have their $1000 quad in storage... I'd be pissed too, whether the paperwork says you are right or not.


I'd give it back as well. Why make a bad situation worse for those people? The bad PR is not worth it not losing your contract and bringing it to your clients attention. Put yourself in their shoes. They've lost their home. Probably down on their luck. They could sell that quad to feed their family.


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## BRADSConst (Oct 2, 2012)

I'd give the quad back too. However, in the sue happy society that we live in, I'd check with my attorney first and find out if they need to sign for it stating they are the rightful owners and they are accepting it as being in good condition upon return. I would hate to be the nice guy and return something only to get sued because they claimed you damaged it while in your possession. 

I'd also want payment in full for the storage fees. No different from a car.


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## BPWY (Apr 12, 2012)

Exactly, its time for a lawyer to be involved to protect you.


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## Racerx (Aug 29, 2012)

I agree give it back ,you"ll make enough to buy a hundred of those by keeping your integrity intact and who wants it anyways?, my wife is a nurse and they have a name for ATV riders (another trauma victim) it's not worth the hassle....


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## Blonde25 (Dec 14, 2012)

If only it were that easy, I tried to return the quad except the people would not come to the property. After running the plates/ vin we found out that GE money actually owns the bike and the people have been hiding it for 5 years avoiding the repo company. GE was in the process of a charge off before the DMV contacted them with the lien. So now the people are mad that they had almost scammed the bank out of the title, to be sued for the monetary value. I don't want to sound like an evil person but these people left their entire house, including a dog that had to be euthanized, and then blamed me, do I don't feel bad. I donate all furniture to salvation army and Blankets to the animal shelters and 10% of everything made on scrap metal in December went to toys for tots. So i know there are people who work hard and have problems making it, I just don't like being blamed for whatever misfortune these people encountered. I already have the lien, just curious if anyone had been in that situation. But I must be the worst person on earth to not return stuff to people who can't accept responsibility in life.


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## BPWY (Apr 12, 2012)

I don't believe you should spend another moment of your life feeling sorry for them or feeling bad that you aren't returning "their" stuff.


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## SwiftRes (Apr 12, 2012)

Can you call the police or somebody, tell them the situation, and get them to take it? I've never had anything quite like that. If the title isn't in their name, I don't know if I'd want to give it back to them then, either, as GE could then technically say you gave their property to the previous homeowner. That situation sucks, makes more sense now that you have explained more detail. I'd try to end it as quickly as possible somehow even if you lose a little $$.


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## BRADSConst (Oct 2, 2012)

Blonde25 said:


> If only it were that easy, I tried to return the quad except the people would not come to the property. After running the plates/ vin we found out that GE money actually owns the bike and the people have been hiding it for 5 years avoiding the repo company. GE was in the process of a charge off before the DMV contacted them with the lien. So now the people are mad that they had almost scammed the bank out of the title, to be sued for the monetary value. I don't want to sound like an evil person but these people left their entire house, including a dog that had to be euthanized, and then blamed me, do I don't feel bad. I donate all furniture to salvation army and Blankets to the animal shelters and 10% of everything made on scrap metal in December went to toys for tots. So i know there are people who work hard and have problems making it, I just don't like being blamed for whatever misfortune these people encountered. I already have the lien, just curious if anyone had been in that situation. But I must be the worst person on earth to not return stuff to people who can't accept responsibility in life.


I don't think anyone here thinks you are "the worst person on earth". Its just that sometimes its not worth the battle. Going back to my earlier post, if they don't own it free and clear, I'd make a a call to GE capital and tell them that you have it. Let your attorney sort it out.

I personally have little sympathy for people who can't run their lives. If you can't afford to pay for yor house, you shouldn't have a quad either. 

I had a deadbeat couple move into my rental house that I just completed a $31k rehab on. They trashed it to the tune of $4100 in damages in the 5 months they lived their. Damn broad even called the cops on me for trespassing. Long story short, they were their because of a fire on their house. Insurance co. paid everything. After the damages and ticket from the cops, I spent a little time on the phone with Liberty and told them the dumb broad was going around town telling people she started the house fire on purpose because she "wanted it renovated". It was hilarious when they came and repo'd all the new furniture and belongs. They also foreclosed on the house for insurance fraud. I still sleep well every night for throwing that loser under the bus.


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## Blonde25 (Dec 14, 2012)

BRADSConst said:


> I don't think anyone here thinks you are "the worst person on earth". Its just that sometimes its not worth the battle. Going back to my earlier post, if they don't own it free and clear, I'd make a a call to GE capital and tell them that you have it. Let your attorney sort it out.
> 
> I personally have little sympathy for people who can't run their lives. If you can't afford to pay for yor house, you shouldn't have a quad either.
> 
> I had a deadbeat couple move into my rental house that I just completed a $31k rehab on. They trashed it to the tune of $4100 in damages in the 5 months they lived their. Damn broad even called the cops on me for trespassing. Long story short, they were their because of a fire on their house. Insurance co. paid everything. After the damages and ticket from the cops, I spent a little time on the phone with Liberty and told them the dumb broad was going around town telling people she started the house fire on purpose because she "wanted it renovated". It was hilarious when they came and repo'd all the new furniture and belongs. They also foreclosed on the house for insurance fraud. I still sleep well every night for throwing that loser under the bus.


Good for you! Glad to hear that someone didn't get completely screwed over because someone else has a brilliant scam.we notified GE and the prior owners that $400 is due or the quad will be sold to my company. I was just bitter, these owners acted as if I owed them something, because i performed the service. Like they didn't have 3 months to get their items and animals so I was definitely harsh in my opinion of them. No one likes doing this work, it is unfortunate that people have to experience it. But, this is the way that we all support our families.


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## BRADSConst (Oct 2, 2012)

Blonde25 said:


> Good for you! Glad to hear that someone didn't get completely screwed over because someone else has a brilliant scam.we notified GE and the prior owners that $400 is due or the quad will be sold to my company. I was just bitter, these owners acted as if I owed them something, because i performed the service. Like they didn't have 3 months to get their items and animals so I was definitely harsh in my opinion of them. No one likes doing this work, it is unfortunate that people have to experience it. But, this is the way that we all support our families.


I still got screwed, I never recouped the $4100 in damages. 

My wife stopped by last week while I was doing a Freddie rehab on one of the top 5 worst houses I've seen. She asked why I do it. I told her it keeps a roof over our head.

I could have killed the broker for signing off on the trashout. Especially when the comment was made "I don't care, you're the one repainting and installing flooring, you deal with it." Raw garbage left in the pantry and under the kitchen sink. I could not get the cabinets clean and she thinks the carpet and paint will get it to a $229k house. Good luck with that one. After the rehab, I would offer $140k and then gut the bathrooms and kitchen.


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## Blonde25 (Dec 14, 2012)

BRADSConst said:


> I still got screwed, I never recouped the $4100 in damages.
> 
> My wife stopped by last week while I was doing a Freddie rehab on one of the top 5 worst houses I've seen. She asked why I do it. I told her it keeps a roof over our head.
> 
> I could have killed the broker for signing off on the trashout. Especially when the comment was made "I don't care, you're the one repainting and installing flooring, you deal with it." Raw garbage left in the pantry and under the kitchen sink. I could not get the cabinets clean and she thinks the carpet and paint will get it to a $229k house. Good luck with that one. After the rehab, I would offer $140k and then gut the bathrooms and kitchen.


Sorry to hear the loss! It's absolutely true, we clean feces off walls, dead rats off floors, work 12 hour days- but, my kids are taken care of so no matter what it's worth it. Do you mainly do rehab work? We do minimal repairs for Fannie, finally the realtors are starting to approve things!


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## GTX63 (Apr 12, 2012)

Of course the laws always differ from state to state. If GE was writing off the note as a bad debt, then the owners will be getting a 1099 this year. It will be counted as income so to speak.We have had numerous instances like you have mentioned. Last one was a 10 year old Ford Thunderbird that had been sitting with the inside stuffed full of clothes to the ceiling. My guys dug out the driver's side, got it onto a rollback and towed it to a licensed storage facility. The owner's, who hadn't been seen or heard from in 6 months called the broker screaming bloody murder. The owner of the storage facility did what he always did, he told them to bring title or registration for proof of ownership, and cash for the storage fees. $15 per day x 13 days. No dice, threats of the law, lawsuits, a hammer on the head, etc. (Can't afford $295 but they can get a lawyer). Really all they wanted was the clothes inside. Owner gave them access, they took a couple garbage bags full and left never to be seen again. Cross your T's and dot your I's and follow the law.


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## 68W30 (Sep 8, 2012)

BRADSConst said:


> I'd give the quad back too. However, in the sue happy society that we live in, I'd check with my attorney first and find out if they need to sign for it stating they are the rightful owners and they are accepting it as being in good condition upon return. I would hate to be the nice guy and return something only to get sued because they claimed you damaged it while in your possession.
> 
> I'd also want payment in full for the storage fees. No different from a car.



we photo doc everything else make sure you doc this as well in that the LP on the vehicles and all parties concerned all side of the "undamaged" quad


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## BRADSConst (Oct 2, 2012)

Blonde25 said:


> Sorry to hear the loss! It's absolutely true, we clean feces off walls, dead rats off floors, work 12 hour days- but, my kids are taken care of so no matter what it's worth it. Do you mainly do rehab work? We do minimal repairs for Fannie, finally the realtors are starting to approve things!


I do very little amounts of P&P and REO work anymore, its just not worth it for the price sheets I've been seeing. 

The last 6 months I've done a fair amount of Freddie and Fannie rehabs. Mostly clearing violations and replacing roofs so the new owners can qualify for financing. 

As of lately my private party work has been coming around. I have a lead renovation certification and there is grant money in my county for homeowners that qualify. That's starting off 2013 very favorable to me.

Every day that goes by is one more toward my exit strategy from the P&P rat race......:thumbup:


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## Splinterpicker (Apr 18, 2012)

Blonde25 said:


> Good for you! Glad to hear that someone didn't get completely screwed over because someone else has a brilliant scam.we notified GE and the prior owners that $400 is due or the quad will be sold to my company. I was just bitter, these owners acted as if I owed them something, because i performed the service. Like they didn't have 3 months to get their items and animals so I was definitely harsh in my opinion of them. No one likes doing this work, it is unfortunate that people have to experience it. But, this is the way that we all support our families.


While I agree these people have had long enough to get their crap out of their house , This is what I would do. Take the item to the police station and have them pick it up after signing a hold harmless argeement and file a restraining order.


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## thanohano44 (Aug 5, 2012)

Blonde25 said:


> If only it were that easy, I tried to return the quad except the people would not come to the property. After running the plates/ vin we found out that GE money actually owns the bike and the people have been hiding it for 5 years avoiding the repo company. GE was in the process of a charge off before the DMV contacted them with the lien. So now the people are mad that they had almost scammed the bank out of the title, to be sued for the monetary value. I don't want to sound like an evil person but these people left their entire house, including a dog that had to be euthanized, and then blamed me, do I don't feel bad. I donate all furniture to salvation army and Blankets to the animal shelters and 10% of everything made on scrap metal in December went to toys for tots. So i know there are people who work hard and have problems making it, I just don't like being blamed for whatever misfortune these people encountered. I already have the lien, just curious if anyone had been in that situation. But I must be the worst person on earth to not return stuff to people who can't accept responsibility in life.


Something doesn't sound right. I worked in loss mitigation and collections for 10 years. A bank charges off the debt at 6 months past due. 5 years seems to be overkill. At 6 months, past due, they would charge off the debt and send it to their in house recovery unit. If they couldn't find it or the legal team will look for assets to lien, pay checks to garnish , skip trace etc. if that doesn't work, it is then sold off to 3rd party collection agencies for pennies on the dollar. 

What's even more strange is that someone at GE or the recovery agency told you that the secured loan for the ATV is charged off or they are about to charge it off. That would be illegal and in violation of the FDCPA concerning 3rd party disclosure. Laws might have changed since I left that line of work. We would usually not repo anything that was worth under. $2500. After repo, storage, auction fee's that would average $750 for most cars $300 for bikes etc, and these things going for 30-40% of their FMV at auction. It would not have been worth it. 

If they went to the charge off route. The customer wouldn't get access to the title. Sometimes the DMV would be alerted that the unit is stolen(depends on the state) or they would have to make arrangements to pay off the deficiency if they wanted the title. 

If I were you, put a mechanics lien on it and let the finance company pay for the storage and processing fees. You can send that notice to both parties and let the "owners" know that you have them a chance or 5 to pick them up and they chose to not retrieve it.


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## Cleanupman (Nov 23, 2012)

I would do what the last post says.....if they want oit back for resale they will pay the storage fees...if not it's yours....


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