Legal Question in Real Estate Law in Oklahoma
Vehicle stolen and sold with fraudlent title
Sold a Freightliner RV truck and 5th wheel, purchasers used phoney identification and deceptive practices, failed to pay as contract required. Obtained duplicate titles in my name through forgery and false affidavits, obtained new titles in Arkanas and then sold vehicle (truck only) to a dealer in Oklahoma who in turn sold to another dealer in Oklahoma. Truck was recovered by OK law enforcement in late October and is now being held pending a ruling of ownership,
I have the original titles and filed a stolen vehicle report with the Memphis. TN. Police Dept. which placed both units in NCIC as stolen in Sept. 2003. What do I do?
3 Answers from Attorneys
Re: Vehicle stolen and sold with fraudlent title
Fax a copy of your title and theft report to the Police department holding the vehicle and ask them when you can come pick it up. They will surely tell you if you need to jump through further hoops to get your vehicle back or otherwise release it to you.
Re: Vehicle stolen and sold with fraudlent title
If the vehicle was obtained with false pretenses, you may have an action against buyer. However, OK recently adopted a Va. court ruling in a case styled Volvo v. McClellan 69 P.3d 274 which allows dealers to rely on certificate of title without additional investigation. Not enough facts to give you a complete answer, you should contact counsel to represent your interest in the ownership action.
Re: Vehicle stolen and sold with fraudlent title
Speak with a Okl. lawyer.
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