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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.
 

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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
 

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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.:thumbsdown: You definitely have to protect yourself first.
 

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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.
 

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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. :(
 

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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.
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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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.......
 

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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...

Hang in there. Good things happen to good people.:drinks:
 

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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!!
 

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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
 

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I think I just seconded this opinion...

If this was me, I'd call the local sheriff or state police, and explain the situation.
A good idea in stereo...
 

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Here is my 2 cents.

Can you tell by the vin numbers what one is newer? You said the vins did not match, is it off by 1 number or completely different?

Sounds like this guy sold you your gator, bought a new one, did not pay and when they came looking for it, he sent them to you, hoping they would take yours by mistake and leave him alone with a free gator?
 

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I'm with the non-hiding group, that will only make you seem more suspicious. What I would do is park it inbetween the 8300 and the 4720 to make them getting at it a little harder if they really want to be @$$'s.

It seems to me like the proper way of selling would involve some form of proof (not sure if this is a title), but to sell anything I thought it must be free of liens. I think the seller stiffed you, and now you may be paying the price, which is too bad. Definitely be in touch with your attorney and find out your legal rights.

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...

Hang in there. Good things happen to good people.:drinks:
That's the best advice, not your week, but it's coming for you. Let us now if we can help!
 

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In a situation where there is a lien against property, until said lien is satisfied the lienholder has the right to take it. We know that. The question in your case is what serial number are they looking for, and what SN do you have. Until we get that ironed out, that Gator needs to be relocated and locked up. Not tomorrow, not the next day, but -now-. Repo companies are not in the business of being nice, they're in the business of being sneaky and they're good at it. They will play hard ball with you, so we have to respond accordingly. If they have a claim against it, and if you have that Gator, then they will get it. I just want to make sure they don't snatch it out of your hands before we get the details ironed out.

Talk to your attorney. Go with his suggestion. Or: Talk to them as soon as possible, in the morning most likely. Advise them that there is no reason to come out. They need to provide proof that they are looking for serial number 12345. Not something with their letterhead on it, but documents from the lender that hired them to go get it. They can fax that to the Sheriff's office in your county because that's where you're going with the Gator. If this is a scam, (which there's a chance it is) that will usually scare them off. If it's legit, then an officer can compare the SN on your machine to the SN they fax over. The risk is, they have your VIN and I don't trust them. Requiring paperwork from the lender helps with that, but can't eliminate it. If they fax over paperwork that has your SN on it, the officer may require you to surrender your machine right there.

My big concern is that I don't trust them at all. I expect they will try to come up with paperwork laying claim to it, if they don't plan on rolling up in the middle of the night and just taking it. I don't want to stress you out, but do go block it in with the 4720 and lock the barn.

At the end of the day, it's just stuff. It's a Gator, and they make new ones every day.

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...

Hang in there. Good things happen to good people.:drinks:
 

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Just park other vehicles around the gator in mass at least it is illegal to move any other vehicles in order to repossess the one that it blocked in. It will keep the repo company from bring able to just load it on a truck then talking to you. I know this because one of my good friends used to own a repo business
 

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Got in on this a little too late to help you Brian but my son is an attorney. Two things he has always said: Never take a breath test and never give out any type of ID # over the phone.

Hope this works out for you with minimum damage. I'm afraid there's going to be some, no matter what now.
 

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Discussion Starter #17
I understand I screwed up by talking with the guy on the phone. I was thinking on the ride in, innocent until proven guilty. They need to prove I have the gator, but either way, I did that for them. I am not going to hide it on them or fight this. I will block it in so that I have time to call the police when they show.

Here is why I do not feel this is a scam:
The guy called and knew the name of the guy I bought the gator from and said he was working with JD Financial. How would any scammer know who I bought this from. I did not even remember the guy. I had to look it up in my check book to figure it out. He knew the model number and that it was diesel.

I spent a lot of last night laughing about it. Seriously, what a great story to tell people. Who would think? I talked to a few people in MI and while ATV's needed to be titled, most UTV's from John deere were not titled in MI at that time as they were considered farm equipment. So the title issue is what it is. I think I remember checking that out when we bought it, but its been 4 years.

Don't worry, I feel blessed with my friends, family, the people here, everything. If they take this gator, I will buy one with power steering. :lol:
 

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It's that silver lining: If they take it...It's time for an upgrade!:thumbup1gif:
 

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What may end up happening is the seller who didn't have clear title (so to speak) get charged criminally and part of the resolution is to make restitution. Whether this is voidable by bankruptcy I can't say. Or more advantageous than some lawsuit of your own choosing.

This is just a gator, what if it was an excavator that has to have parts removed just to transport it? The same general rules would apply. If you buy at a auction or a dealership and it turns out the person who consigned it didn't really own it are those entities bonded for such an occurrence?

I kind of figure most of these things are financed when new. On both the 2006 deere 5015 and the 2012 Ford f-150 there was a $1000 incentive available to finance in house vs pay in full. I don't recall the specifics of the deere deal but the ford deal you could pay it off in four months and only incur four months interest. Before I got the 5105 I found a virtually new Kubota M series 85 hp private sale and asked to seller about proving it didn't have a loan and that didn't go over very well.


Added later,

Why four years, did deere credit hand it off to collection agencies that have been running up legal fees all this time? Was the guy making payments until just lately? That and leading you to believe it was a different serial # vehicle they were looking for are a bit strange.
 

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Don't give them the Gator. Wait until they sue you for it, then they will need to produce evidence that they actually have a right to it and that has to be a right that your state respects. The lien might be invalid or improperly filed or the paperwork could be missing. The lien might be for less than the value of the Gator or the seller might have settled the debt. There are instances where a bona fide purchaser trumps the lien too.

The repo company will take the shortest cut possible but you are entitled to insist that they prove their right to take the Gator. It's trespass if they come to your property to take it and, unless the court says so, you don't have to give it up.

If the lien is valid, you will lose the Gator, then you get to sue the seller on the bill of sale (but it will be a waste of time).
 
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