Can someone sell you a Gator they have a loan on then have it repo'ed from you?
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    Brian's Avatar
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    Can someone sell you a Gator they have a loan on then have it repo'ed from you?

    Having a great night at home wrestling with my son and my phone rings. Its an out of state number and I was going to let it go but with everything going on, I answer. Its a private detective and this call is recorded. I was then asked if I know so and so. I have no clue who they are. Then I am asked if I am in possession of a Gator 850D. I answer yes and ask for more info. Long and short, I bought this gator with 20 hours on it from a guy who was about to lose his home. At the time, I did not know that Gators were titled and I think I took his word that they were/are not. So I have a bill of sale and a canceled check. I have a 2008 Gator XUV, are they supposed to have a title?

    The guy said to me, no worries, here is the VIN and I tell him that does not match mine, he asks for mine and I figure I am protecting myself, so I give it to him. Looking back I wish I would not have, but. So he is sending a repo company out to see with their own eyes that I do not have this Gator. Facto for the matter, I think they are coming out to get my gator.

    Does anyone know anything about this? Any suggestions? I have owned this since 2008.



    Brian

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    lreagan12's Avatar
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    Quote Originally Posted by Brian View Post
    Having a great night at home wrestling with my son and my phone rings. Its an out of state number and I was going to let it go but with everything going on, I answer. Its a private detective and this call is recorded. I was then asked if I know so and so. I have no clue who they are. Then I am asked if I am in possession of a Gator 850D. I answer yes and ask for more info. Long and short, I bought this gator with 20 hours on it from a guy who was about to lose his home. At the time, I did not know that Gators were titled and I think I took his word that they were/are not. So I have a bill of sale and a canceled check. I have a 2008 Gator XUV, are they supposed to have a title?

    The guy said to me, no worries, here is the VIN and I tell him that does not match mine, he asks for mine and I figure I am protecting myself, so I give it to him. Looking back I wish I would not have, but. So he is sending a repo company out to see with their own eyes that I do not have this Gator. Facto for the matter, I think they are coming out to get my gator.

    Does anyone know anything about this? Any suggestions? I have owned this since 2008.
    Brian,

    Below is a link to the VA DMV which addresses your question. I'd bet Michigan has a similar policy. If you lived in VA you'd not have to title it.

    Commonwealth of Virginia Department of Motor Vehicles

    Given the situation I'd take my Gator to my neighbors house or somewhere else safe until you figure out what this "repo company" has in mind.

    Larry
    2012 1026R, 60D Auto-Connect MMM with mechanical lift, H120 FEL, Frontier RC2048 Rotary Cutter and my trusty Stihl FS55 grass and weed pulverizer.

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    Keeper of the GTT Cookies dieselshadow's Avatar
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    Thumbs down That sucks

    Do you have a lawyer? I'd call and ask them or even talk to your local sheriff's department and get the straight answers from them. These repo guys may not have the right and or ability to repo it from you even if it is the VIN they are looking for. Whatever you do, don't volunteer or give it up to them without getting your answers first. Once it's gone, it's gone and you have no recourse. You definitely have to protect yourself first.
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    ejb69's Avatar
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    In wi utv's [gators] are now titled as atv's . This is new this year, as of 7/1/12. Most people dont know about this new law and learn that their utv's need to be tagged the hard way.

    I hate to say it but if the gator you have was repoed or stolen they can and will come get it.
    Eric

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    Brian's Avatar
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    Lawyer will be called in the morning. I just verified that I wrote the check out to the person the private investigator called about. So this sucks.

    I know from the info that this guy did not pay his loan and I paid for the gator in full to him.

    This sucks. I really like the new Gators and would like one, but not this way.



    Brian

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    Senior GTT Super Slacker Gizmo2's Avatar
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    Quote Originally Posted by ejb69 View Post
    In wi utv's [gators] are now titled as atv's . This is new this year, as of 7/1/12. Most people dont know about this new law and learn that their utv's need to be tagged the hard way.

    I hate to say it but if the gator you have was repoed or stolen they can and will come get it.
    I hate to say it but you're probably correct. I would still move it off property. In today's world it could be a scam, ya never know.

    Brian, it just doesn't seem to be your week.
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    Brian's Avatar
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    Its not been my week Giz.

    If I move it, what do I tell the people who want to "verify the vin". Plain and simple, I can only hide it so long. I need a legal leg to stand on, otherwise I am just buying time and maybe trouble.

    This unit is not stolen and the PI told me the guys name and that he had not paid his loan on it.

    I have to think that my only recourse is going to be to sue the guy I bought it from. That sucks more as you know I will win, but there is no way I will be able to collect.

    I just need to come home to good news sometime soon.......



    Brian

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    Keeper of the GTT Cookies dieselshadow's Avatar
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    Sometimes just stopping and realizing the big pictures helps. You came home. It's a large, wonderful home and your family was happy to see you and loves you. Sometimes that's all that you need...

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    Brian, just my 2 cents, but I can't tell if this is a scam or not. Now that they have your VIN, they may come with "repo papers" maybe real maybe not. How can you tell? If this was me, I'd call the local sheriff or state police, and explain the situation. I'd ask if I could store my vehicle is their impound yard for a while. If the repo guys show up, and they're genuine, they shouldn't have any problems visiting the sheriff to verify the VIN or take possession. At least you'll have witnesses. If they're scam artists, they wouldn't want to go anywhere near the authorities.

    Protect yourself and family, get some help. Good Luck!!
    Tom

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    Brian,
    I did a quick check at the MI SOS website and if you go here you will see the SOS ATV guide that states on page 4 that a title is required to be transferred at the time of sale for an ATV. Another site I saw stated MI had been requiring titles for ATV's since the mid 90's.

    I'm hopeful this is a mistake but if it turns out it isn't your only option maybe to work with whoever owns the outstanding loan. I bet they'd sell it to you for a substantial discount vs. the loan owed given its depreciated state. It's not a good solution but it may be a solution to keep the gator.

    I agree with you on not hiding the gator, btw. If you're nervous about the repo guys, call the county sheriff explain the situation and see if you can get a deputy there when the repo guys schedule an appointment. If they aren't square with the gig, it'll be really obvious. If they're in the right, they're in the right and it sucks. 'Can't change that.

    Wow this stinks... I'll hope for the best on your behalf.
    Matt
    Last edited by MattF; 08-13-2012 at 09:03 PM.
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