My question involves criminal law for the state of: NY
Oct 2015 - 'Seller' sells his motorcycle to his friend, 'Buyer' and gives him the title, signed over to 'Buyer'.
Nov 2015 - Buyer is arrested and wants to use the motorcycle for bondsman's collateral, but Buyer never registered the bike, so according to DMV it still belongs to Seller.
Nov 2015 - So Seller goes to bondsman and signs over the bike as collateral to bondsman. Buyer is then released from jail on bond.
Apr 2016 - Buyer wants to register and insure his bike, but can't without the title (bail bondsman still has it - court case is ongoing).
Apr 2016 - Buyer asks Seller to order a duplicate title from DMV so Buyer can register and insure the bike, but DMV has the following certification that Seller has to agree to in order to get another title.
"I certify that the Certificate of Title for the vehicle/boat described above and last issued in the owner's name has been lost or destroyed, and that I have no knowledge of its present location. I certify that the information I have provided is true to the best of my knowledge. I understand that knowingly making a false statement is a misdemeanor according to Article 210 of the Penal Law and Section 392 of the Vehicle and Traffic Law."
Seller does not want to order the title because it violates the DMV certification above.
Seller signed the contract with the bondsman because, he figured, worst case, if his friend doesn't show up to court and the bondsman takes ownership of the bike, it doesn't matter to him because the seller no longer owns the bike anyway. Now the Buyer wants to register and insure the bike (rightfully so) but can't without the title.
What can / should be done about this?
Oct 2015 - 'Seller' sells his motorcycle to his friend, 'Buyer' and gives him the title, signed over to 'Buyer'.
Nov 2015 - Buyer is arrested and wants to use the motorcycle for bondsman's collateral, but Buyer never registered the bike, so according to DMV it still belongs to Seller.
Nov 2015 - So Seller goes to bondsman and signs over the bike as collateral to bondsman. Buyer is then released from jail on bond.
Apr 2016 - Buyer wants to register and insure his bike, but can't without the title (bail bondsman still has it - court case is ongoing).
Apr 2016 - Buyer asks Seller to order a duplicate title from DMV so Buyer can register and insure the bike, but DMV has the following certification that Seller has to agree to in order to get another title.
"I certify that the Certificate of Title for the vehicle/boat described above and last issued in the owner's name has been lost or destroyed, and that I have no knowledge of its present location. I certify that the information I have provided is true to the best of my knowledge. I understand that knowingly making a false statement is a misdemeanor according to Article 210 of the Penal Law and Section 392 of the Vehicle and Traffic Law."
Seller does not want to order the title because it violates the DMV certification above.
Seller signed the contract with the bondsman because, he figured, worst case, if his friend doesn't show up to court and the bondsman takes ownership of the bike, it doesn't matter to him because the seller no longer owns the bike anyway. Now the Buyer wants to register and insure the bike (rightfully so) but can't without the title.
What can / should be done about this?
Bail, Bond and Pretrial Release Register Bike when Bondsman Has the Title As Collateral
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