Barracuda Dilema

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I AM NOT A LAWYER EITHER BUT.........
Couldn't you put a legal ad in the paper and if he doesn't claim them... They're yours.
 
I'm going to see first about the vin numbers and then contact the local PD and TDOT to see what the next steps are. If I'm not mistaken, they will come out and either take a photo of the vin or something in that nature and then you can obtain a title that way. The thing is too, there was a bill written for the trade. My dad built a transmission for the guy and the cars were payment for said transmission. I also have a contact that we used for mechanic liens too, so I think I'll get in touch with him.
 
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That sounds good. It also may not be a bad idea to get counsel from an attorney who specializes in property, just to cover yourself.
 
Honestly, if the PO wanted to come and get them a) I would let him have them back in a heartbeat just to get rid of them and b) I would think after a year he would have already came and got them. He sent people out there to look at them and possibly buy them, but they pretty much wanted them for nothing. Maybe I should have just let them go.
 
Is that a 68 marker light I see on the fender of the "69"?

If the PO is pissed, I bet you have issues getting a title.

How much did he say he was owed?

Might be a good investment if the cars are solid.
 
Is that a 68 marker light I see on the fender of the "69"?

If the PO is pissed, I bet you have issues getting a title.

How much did he say he was owed?

Might be a good investment if the cars are solid.
Anything is possible. I haven't spoken to him since he told me I owed him $300 bucks. He didn't act like he was, to be honest I don't really care if he is. My dad completed the transmission at least 6 months before he passed, so the PO had plenty of time to discuss this matter with my dad. He was actually forced to move them due to the city, so I don't think he can take them back without getting into trouble with them too.
 
IMO $300 is a good investment if the cars are solid.

It was about triple that to go through a title company when I started back in 2005, plus a mandatory police inspection, and attempted contact of registered owner.

I don't think you want that.

Plus, if the guy finds out you are parting them, there's that "chop shop" issue. Around here, cops take that VERY seriously.

You could always offer a hundred each after you see the titles.
 
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And to be quite honest, it has left a sour taste in my mouth to have somebody calling me wanting me to pay for these cars not even a month after my Dad passed away.
 
You have to put on a "business" hat to deal with this.

Tell the guy straight up- I was told the cars were a gift to my dad because you needed them removed.

If you have the titles, and can show them to me, I'll offer $100 per car payable when they are in my hands, signed over, and free of issues.

If you don't have the titles, please come remove the cars ASAP.

Then look into a storage lien, as they are being stored on your property.

Maybe research what local storage facilities charge for outside storage and start sending a bill each month for a lower amount.
 
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You could take the VIN's to a private investigator and get them to run them and see who they were last titled/registered to. It may not be the guy that is mouthing off at you about the 300 bucks! If they turn out to have belonged to people somewhat local, look them up and offer them $100 each to get duplicate titles and sign them over to you. The police can't look that stuff up for you without getting themselves in a bind because of privacy laws, but a PI can get the same info with no questions asked. The contact you have for mechanics liens may be your best bet at TN DMV. Good luck to you, and sorry for the loss of your Dad.
 
I AM NOT A LAWYER. IM NOT GIVING LEGAL ADVISE.

IMHO...
I hate to say it but unless there is a really good bill of sale, whoever holds the paper title owns the car. Title holder could claim they were stolen, and unless you have paper evidence your on the hook. Your late father telling you something probably would not stand up in court.

If the title holder wants more money and it is financially worth it hand cash over AFTER he hands you good clear titles that have been verified at the local DMV. Get bill of sale and any other proof you can that they now belong to you.


OR

Tow them to the title holders house and be done with it.


If you part the cars out you could be considered a chop shop.

Again:
I AM NOT A LAWYER. IM NOT GIVING LEGAL ADVISE.

This is what I would consider if I was in your shoes.
I TOTALLY agree. I am not a lawyer either, but you beat me to it. If the original owner screwed the dad over before, does the op seriously think the he will gladly give up the titles now. There is no way I would buy a car without a title and then spend several years and several thousand dollars fixing it up only to find out that I cannot obtain a title for it. I do not see that selling them to someone who will fix them up to drive as an option. I would part them out.
 
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Here in Colorado, with no title or bill of sale the process is as follows.
Have a state patrol run the vin to see if they are stolen.
If cleared you can then purchase an insurance bond for the car.
Then you have to put an ad in the paper for 30 days stating that you are getting a title for the car and if anyone disputes it they have to speak up.
Next you have to apply for the title through the department of motor vehicles with proof of the above items.
You get a temporary title and after a year they issue you an actual title. Once they issue you an actual title you can remove the insurance bond.

Not that big a deal really for someone who is interested.

Post up the fender tags please.
Placing some value on the cars might change your opinion on how to handle the situation.
 
I bought one of my 70 Darts in TN. On the way home to Virginia I stopped at Tennessee Department of Motor Vehicles (or some such name) in the capital and paid a minimal fee to get copies of all the titles for that VIN that were on file. I ended up with the original bill of sale from the dealership that sold it new and then another bill of sale when the dealership resold it to the second owner after it came back on a trade in. I was the third owner. Worth giving it a try...
 
Id give hm the $300, only if he has the titles.
If not, I think you've got the advantage. Go to the state police. They look like they've been there for a long time... Statute of limitations. Get a pictures of all the overgrowth to strengthen your case.
 
I TOTALLY agree. I am not a lawyer either, but you beat me to it. If the original owner screwed the dad over before, does the op seriously think the he will gladly give up the titles now. There is no way I would buy a car without a title and then spend several years and several thousand dollars fixing it up only to find out that I cannot obtain a title for it. I do not see that selling them to someone who will fix them up to drive as an option. I would part them out.
No, I do not think the PO is going to give them up, otherwise he would have.
 
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Thank you all, I appreciate all the opinions and concerns. First step is to check the vins, second is to contact state police, I think I will contact the guy who did mechanic liens too and see his thoughts, and then see where to go from there. They are honestly both pretty rough cars, but if the titles can be had and somebody wanted to fix one I think it would be worth it. To be completely honest, I don't think the PO even has or had the titles, otherwise he would have done what was agreed upon. I will update when I find out more info.
 
The problem with post 42 or any "apply for a title" action, is that there is another interested party, and they have already made contact.

Any money spent perusing a title may be wasted if the other party does in fact have the titles.
 
In my opinion as soon as you contact Johnny Law you are at a serious risk of losing those cars. Nothing illegal about being discreet and not involving the law at first.
 
well, i am a lawyer - i've practiced in Pittsburgh, Pennsylvania for some 30 years and have a collection of Barracudas myself. however, i am NOT licensed in Tennessee so i am offering you "general views on the law" and not "specific advice under Tennessee law.

1. since you have spoken to the original owner of these cars, you now cannot say "under oath" that you do not know who owns the cars or who might have "an interest" in the cars. so you need to proceed carefully now.

2. i would contact the owner and ask him if he has titles to these cars in his name and if he will transfer the titles to you for a minimal price. the other guy still owns these cars, however, you could also charge him a reasonable storage fee for the cars for the entire time they have been there. i would come up with a number that would be "reasonable" for the storage of a car at someone's lot or garage. call a few body shops or repair shops in the area and find out how much they charge as "storage fees" if a customer leaves a car for a long period of time. obtaining this information will allow you to quote "reasonable market prices" to the owner of these cars. now, you are probably going to find out that the "reasonable" storage fees on these cars is now several thousand dollars for each car. tell the owner that you will give him $100 dollars for each of the cars ($200 in total) if he will sign the titles over to you. tell him if he will not do that, that you intend to sue him for the storage fees for these cars. you should have a local "Magistrate" or "District Justice" where you can file a "small claims" suit against the guy for the storage fees. usually small claims courts do not charge more than about $50.00 to file a suit. now, the Magistrate under Tennessee law probably does not have the authority to "award" you the cars. however, the Magistrate could rule in your favor for say $2500 (as an example) and if the owner does not appeal this award and decision, you would have the legal right to sell the cars to satisfy this judgement. that would be done through your Sheriff's Department. you might also be able to file a "storage lien" or a "mechanic's lien" under Tennessee law at your local Magistrate. the same basic process would happen under that process with you ending up with a judgment from the Judge and then allowing you to sell the cars to satisfy the judgement. i would go to your local Magistrate and talk to them about which of these procedures you might follow and the costs.

3. i would NOT contact the local or State Police at this point! first of all, they are ONLY going to be interested in this matter if some kind of crime has been committed - like the cars being stolen years ago. if the police run the VIN numbers and one or both of them come back as stolen, the police will confiscate the stolen car (cars) and take them to an impound lot. once the police have them, you may or may not be able to get them back. it is not impossible that the police would send them to a crusher because they are stolen.

4. you cannot "legally' sell anything off of these cars now that you are aware that they belong to someone else. that would "technically" be steeling. it would be very helpful if you could find any kind of business records of your father indicting when these cars were taken in and maybe explaining why - or what kind of deal your father had with the owner.

5. as to obtaining titles to the cars - you cannot do that through any process now that you know who the "alleged" owner is. if you would attempt to obtain titles under the set of facts you are facing, you could be committing a crime. however, you can have someone run the VIN numbers to determine if there are any reports on these cars. AND, if the "owner" says he has titles, you need to run that title and VIN to see if the owner guy obtained these cars legally. finally, if he has the titles and they are in his name, transferring the titles to you will be easy. however, if the owner guy has titles to these cars and those titles are still in someone else's name, THAT will be a problem because ONLY the person who is on the title would be able to "transfer" that title to you. one last point about titles on 67-69 Barracudas. the VIN number for a 67 is on the driver's door door post but the VIN for the 69 will be on the top of the dash beside the windshield on the driver's side. 68 and 69 Barracuda's can easily have their VIN numbers changed by just replacing the dash assembly from another car that you have a title to. the ACTUAL VIN on a 68 or 69 Barracuda is stamped on the driver's side of the radiator support on the top and also on the trunk opening flange where the rubber weather stripping is - on the driver's side about half-way between the back window and the rear end of the trunk lid. those stamped numbers should match the title VIN number as well as matching the door post tag (67 car) and the dash pad (68-69 car). if the titles that the owner has do not match any of the numbers on the bodies of these cars, that means he doesn't have valid titles for these cars. unfortunately, if you find this out, you really can't do anything with the cars and would have to contact the State Police and report the VIN number mis-match and see if they will allow a new VIN number to be established for the cars.

6. have you ever heard the phrase: "what did you know and when did you know it?" that now applies to you. the law would treat your situation one way if you had no idea where these cars came from or who owned them. however, now that you know who owns them, the law will treat YOU differently! that is why you must now proceed carefully.

7. i would find a local attorney who does basic contract law or motor vehicle issues and give him some small fee to explain this situation. to be safe, and do things "legally", you need to talk to a Tennessee attorney and get some good advice on how to solve this matter. if you don't do this right, you could find yourself in a MUCH more complicated situation with the law and if that happens, you will wish you had never opened up this can of worms.
 
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