[CLBS] Automobile Title/Possession Question

Mon Jun 22 16:03:46 MDT 2020

Jeremy:

Judge Mitchell in north Idaho addressed a similar set of facts in 2004 and applied 28-2-403(2). 

https://www.kcgov.us/DocumentCenter/View/2654/August-23-2004-CV-2003-7599-Bell-v-Godbout-PDF

Louis V. Spiker
________________________________
WORST, STOVER, GADD & SPIKER, P.L.L.C.
OF COUNSEL
WILSON & MCCOLL

3858 North Garden Center Way, Suite 200
P.O. Box 1544 | Boise, ID 83703
(208) 345-9100 | Fax: (208) 384-0442

lvs at magicvalleylaw.com
www.magicvalleylaw.com

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-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Jared M. Le Fevre
Sent: Monday, June 22, 2020 11:27 AM
To: Jeremy Vaughn <Jeremy at idaho-law.com>; clbs at admws.idaho.gov
Subject: Re: [CLBS] Automobile Title/Possession Question

Your clients will run into problems with entrusting under 28-2-403(2) and buyer in the ordinary course of business under 28-9-320. While I have not researched this scenario under Idaho law, in other UCC jurisdictions, the buyers of the cars have prevailed over your clients so long as the buyer lacked knowledge of the title issues and wasn't in on the scheme. Perhaps Idaho vehicle title statutes would have something helpful in them that the UCC does not have. However, the vehicle buyers may be subject to liens created by your clients, which could give you something to work with. 

 Jared M. Le Fevre
Crowley Fleck PLLP
 490 North 31st Street, Suite 500
 Billings, MT 59101
 Main: 406.252.3441 | Fax: 406.252.3181
 Direct: 406.255.7323
 Licensed in Montana, Wyoming, North Dakota, Idaho, Utah  With Offices in Montana, North Dakota, and Wyoming  Billings Bismarck Bozeman Butte Casper Cheyenne Helena Kalispell Missoula Sheridan Williston

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-----Original Message-----
From: CLBS <clbs-bounces at admws.idaho.gov> On Behalf Of Jeremy Vaughn
Sent: Monday, June 22, 2020 11:06 AM
To: clbs at admws.idaho.gov
Subject: [CLBS] Automobile Title/Possession Question

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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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