MercifulLordVoo
New member
...(car) Title Issues? I was battling a quiet title controversy over a Dodge truck.
Facts:
Out of state truck contracted / sold to me by an un-notarized contract.
The owner failed to deliver the title and the truck is here in Florida from Arkansas.
The Florida DMV will/would not entertain any transfer of title given there is no bill of sale and no title. The un-notarized contract was understandably insufficient.
The truck was registered, expired, in another State other than Florida; and when I contacted the DMV in the other State, they would not provide any information or services unless I went to the out-of-state DMV in person.
It was suggested to me to hire a PI, somehow get the sellers utility company to give out information on the seller, and a whole host of other impossible things requiring travel out-of-state, travel expenses, time, money, lodging, risk; all given the fact that the seller resides out-of-state that would accompany the civil action
The only evidence I was able to produce was the Affidavit of Due Diligence which took 20-days, the cost of a notary and certified return receipt U.S. Mail (no PI, or interstate travel, etc).
I think I have stressed the fact that the controversy was interstate ....
Resolution:
1. I created a Letter of Request supported by an Affidavit in Negative Averment.
2. I petitioned a notary by affidavit to begin a protest.
3. The notary re-sent the Letter of Request supported by the Affidavit in Negative Averment and the Notice of Dishonor (with presentment attached) via certified return receipt U.S. Mail ; allowing the correspondent / adversary the customary twenty (20) days to respond.
4. The notary then sent the Notice of Protest (1-page) notice via certified return receipt U.S. Mail delivery confirmation;
5. Then awarded the stipulations in the Letter Rogatory to me with copies sent to the seller.
6. I opened a civil case with 2 attachments attached; one being an Affidavit of Due Diligence with the evidence of due diligence being the Certificate of Dishonor and the second being an Petition for Title.
7. Two weeks later the court delivered the Declaratory Judgment.
8. The truck is now titled and registered to me.
For the mailings of notices, I had the notary use a US Postal product.
It is always helpful to have someone witness all documentation sent, so there are 2 persons' signatures (other than your own) on the record - a la "out of the mouth of 2 or 3 comes the truth", with the sender / notary writing a certificate of content/service describing the contents of the envelope(s).
Facts:
Out of state truck contracted / sold to me by an un-notarized contract.
The owner failed to deliver the title and the truck is here in Florida from Arkansas.
The Florida DMV will/would not entertain any transfer of title given there is no bill of sale and no title. The un-notarized contract was understandably insufficient.
The truck was registered, expired, in another State other than Florida; and when I contacted the DMV in the other State, they would not provide any information or services unless I went to the out-of-state DMV in person.
It was suggested to me to hire a PI, somehow get the sellers utility company to give out information on the seller, and a whole host of other impossible things requiring travel out-of-state, travel expenses, time, money, lodging, risk; all given the fact that the seller resides out-of-state that would accompany the civil action
The only evidence I was able to produce was the Affidavit of Due Diligence which took 20-days, the cost of a notary and certified return receipt U.S. Mail (no PI, or interstate travel, etc).
I think I have stressed the fact that the controversy was interstate ....
Resolution:
1. I created a Letter of Request supported by an Affidavit in Negative Averment.
2. I petitioned a notary by affidavit to begin a protest.
3. The notary re-sent the Letter of Request supported by the Affidavit in Negative Averment and the Notice of Dishonor (with presentment attached) via certified return receipt U.S. Mail ; allowing the correspondent / adversary the customary twenty (20) days to respond.
4. The notary then sent the Notice of Protest (1-page) notice via certified return receipt U.S. Mail delivery confirmation;
5. Then awarded the stipulations in the Letter Rogatory to me with copies sent to the seller.
6. I opened a civil case with 2 attachments attached; one being an Affidavit of Due Diligence with the evidence of due diligence being the Certificate of Dishonor and the second being an Petition for Title.
7. Two weeks later the court delivered the Declaratory Judgment.
8. The truck is now titled and registered to me.
For the mailings of notices, I had the notary use a US Postal product.
It is always helpful to have someone witness all documentation sent, so there are 2 persons' signatures (other than your own) on the record - a la "out of the mouth of 2 or 3 comes the truth", with the sender / notary writing a certificate of content/service describing the contents of the envelope(s).