[CLBS] Automobile Title/Possession Question

[Jeremy Vaughn]

Greetings all,

Recently our firm has picked up a number of cases all in the same vein.  A local consignment auto dealership took the clients' vehicles on consignment and sold them to third parties.  The problem is that the dealership then never paid the sellers their funds, and in some cases never paid off the liens against the vehicles.  It's been weeks/months since the sales.  In all of our cases, the titles are still in the name of our clients, not the third party purchasers, and still show the liens of record, where applicable.

The dealership is now in bankruptcy, and looking at the schedules/pleadings, any claim against them is likely a lost cause.  The question from my clients is can they retake possession of the vehicles, assuming they can find the vehicles?  They are the owners of record per the titles.

I appreciate any help or guidance anyone can offer.

Jeremy

Jeremy C. Vaughn
Stephan, Kvanvig, Stone & Trainor
P.O. Box 83
Twin Falls, ID 83303-0083
phone: (208) 733-2721
fax: (208) 733-3619
 
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