Asked 1/15/2012
|
Can I loose the property that I bought not knowing the person i bought it from has defaulted on their lease? I purchased a utility building from a old friend several months ago. Later I got word that he had been served papers on a utility building that he was supposed to have turned back in to the lease holder. I was contacted by a attorney that says they are going to come get the property. A repossession agent came to get it .However he had no proof that this is the same building that he was supposed to pick up. He left and they have filed civil papers against me for the property. Stating that I denied property that is theirs. In the papers that I was served with the contract that my old friend signed states that he is responsible for the full market value of the property. If it is lost stolen or destroyed. They have already took judgement against him for the value. It looks to me like if they have done that then the property is been taken care of . I think they just want to sell it again. If they take it from me and they get paid on the judgement in the next 10 years then they would have to get me another building right? The state is nc. |
Answer 1/2 - Submitted 1/15/2012
If the property was leased, your friend did not own it and can't sell to you what he doesn't own. Your not knowing he didn't own it when you bought it doesn't mean you can simply keep it now that you know it wasn't his to sell doesn't make the transaction legitimate.
The property wasn't "lost, stolen or destroyed" from your friend. He sold it to you and obviously told them where it was in an effort to get his judgement satisfied or reduced.
You most likely need to recover from your friend any loss if the company prevails, not the company who owns the building. How much money are we talking here, a little movable storage pod or a barn-sized Morton building? Not necessarily what you paid, but what the building is worth.
NC has a felony limit of being in possession of stolen goods of just $1000. Don't be coy and have this potentially escalate on you. Sounds like they simply want their property back and are choosing civil over criminal charges at this time. Do you really want to play a game here?
Before you get yourself in too deep, you should consult a lawyer to go over the paperwork you have been given concerning this civil suit to see where you stand and what consequences, if any, you could face in your state by attempting to keep the building.
Good luck.
Answer 2/2 - Submitted 1/17/2012
Hmmm...the first thing that leaps out at me is that - since you bought the property being completely unaware that it was encumbered in any way - you might be considered a holder in due course or a holder in good faith. Under those circumstances, you may have certain rights in the property.
In short, I don't think you're likely to get in any type of legal trouble here. However, the truth of the matter is that your friend owes somebody in this situation, so it's a matter of figuring out whether it's you or the people he leased from that will be going after him in court.
Type your Answer in the box below and post your answer.
I, with permission from the lease company sub-leased a piece of equipment to a company in oklahoma. they have defaulted on payment and i have told lease company i would pay off the lease if they would repossess the equipment and have it in their possession. they agreed but now advised that when the...
Is it considered a wrongful repossession if a person comes to my house and speaks my daughter (minor) asking if i lived there, then proceeds to block my garage and not let me in when i pull up especially when there was a breach of verbal contract that i pay $100 dollars extra a month to pay the past...
I have 2 cars bought at different on different contracts i am late on both and they are refusing to take a payment one one unless i make payments on both can they do that
|
Repossession of equipment by lease holder I, with permission from the lease company sub-leased a piece of equipment to a company in... |
|
Is it considered a wrongful repossession if a person comes to my house and speaks my daughter... |
|
I have 2 cars bought at different on different contracts i am late on both and they are refusing... |
|
I sold property how do i get back after default? I sold my motorcycle to a person who has stopped making payments. how do i get my property... |
|
Repossessions on private property I am a non-party. a repo was conducted on my private property of a car to a visitor to my... |
|
I recently voluntarily repossessed my car and chrysler financial won't disclose to me... |
See more Repossession questions

Ask A Question
Ask a new question about
Repossession: