09-28-2017, 04:33 PM | #1 |
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So a friend abandoned her 2007 328i AT...[[NEED ADVICE]]
Hey guys
This is my first post, I've been lurking around reading and trying to learn about this car. Very useful forum and community. So I'll keep this short, but basically this is the jist: I live in North Carolina, drive a 97 civic 5spd. Friend drives from California earlier this year in May as she is originally from here. She ends up getting into a fight with her family and crashes at my place for a night before booking a plane ticket to go back to California. She asks if she can leave her car at my place (I have a garage and unlimited parking) and she'll come back in a month or so and drive it back. I said sure, so she left me with the keys. This is where I it gets complicated and I need advice - So the registration on the car went up about 2 months after she dropped it off. I drove it around from time to time, amazing difference from my dumpy 97 civic obviously. Im in love with this car, other than the fact it eats premium gas like no one's business. It had roughly 111000 miles on it. So I try to get in contact with her and she basically ghosted me, eventually saying she doesn't have the time to come back and get the car. I see on her various social media platforms that she has bought a more or less brand new BMW (2015+) and drives it daily. I eventually ask her about the title - does she want to sell me the car? does she even want it? She replies (and I have been saving messages for proof) that "she doesn't even want to deal with it, take it to a junk yard if you can and keep the money." Well hold on now. There isn't anything outstandingly wrong with this car, it's a little scratched up but no accidents, no dents, typical wear on a 10 year old car. Come to find out the title was in the backseat - thing is, it was the original title from where she purchased the car in early 2016. As in, it was made out from the previous owner to the dealer ship to my friend's name - she never went to the California DMV to get a new title. I ask her if I send it back, can she go get a new one and make it out to me and/or come to an agreement and I'll buy the car - she says yes! she had other things in the car so I mailed them to her with the title, but not before making a copy of all sides and documents attached to it. August rolls by and I had to move, so I had to take the car with me or risk it being impounded. Drove it to the new place and parked it in the middle of the night. I've done some regular maintenance on it, and try to drive it around the outside of town every week or so to keep it in good condition. At this point, I don't think she's going to send a new title to me. In North Carolina, a vehicle is considered abandoned after ten (10) days on private property. The little information I could find on the topic states that you have to: 1) have a police officer come and run the VIN to make sure it is not a stolen vehicle - get a document from them that confirms this 2) go to the DMV and apply for an application for an abandoned vehicle title (wait 2-6 weeks) ... show proof of contacting previous owners about titles, no response, etc 3) apply for abandoned vehicle title (2-6 weeks) and pray your paper work isnt wrong Is this the best way to go about this? Ive also read about bonded titles but it seems she could come up at any time and take the car back and I'd be in the hole for quite a bit of money, even though I don't think she gives a damn at this point. I think she is just too busy and lazy to deal with the LA DMV (not that I blame her I guess).... What do you guys think? My civic is on its last legs but the BMW is also right at the age where things start to go wrong. I figure if worst comes to worst I'll own a BMW that I can sell and make free money off of, and drive in the meantime. I love working on cars even though I don't have the greatest space for it, but BMW parts are expensive as hell. I don't want to think about the first tranny problem I have with it. TLDR; Friend abandoned car, registration is up, she has title and told me to junk it - best way to get a title or should I sell it with no title at a loss to someone willing to deal with it? |
09-28-2017, 04:50 PM | #2 |
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Not positive, but would be worried that your text message to a contact you have identified as the RO might not fit this requirement. Usually DMV wants something along the lines of a certified letter.
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09-28-2017, 05:04 PM | #3 |
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I'm not an expert on this but you can get access to this car by notifying her that she will have to pay you storage fees on the car starting on ... for $xx per day, check with your local towing yards to see what they are charging for secure, garaged storage. Then, when she doesn't pay you can request that the car be used to satisfy the payments due to you. If she owns the car with no liens then it is really easy to get the title assigned to you as default payment for the storage fees.
I'd check with a local tow yard, they do this all the time and may share some info on how your local laws work.. I know because my son did not pay the storage charges for his car that was still titled in my name in another state. The tow yard never notified me, they just had the title assigned to them for payment, I didn't even know about it until after the title was in their name. Not a fan of tow yards ripping off people, but the laws are there to make sure they get paid. You can use this to your advantage. You may want to lawyer up and get the title by using this tactic for storage costs. Check it out. Good luck. I agree a BMW is better than a Honda. |
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09-28-2017, 07:12 PM | #4 |
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UncleWede True, I saw a template for a letter that basically said "this is your final notice to get your property... after xx day xx month I will begin the process of acquiring a title for the aforementioned abandoned vehicle..." etc etc. Notarized copied and sent
Frank851 that's actually a very interesting comment. I haven't heard of this but it makes sense... I'll definitely look into it but I imagine something like that would require a statement that I was storing it or an agreement of some sort possibly? |
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09-28-2017, 08:31 PM | #5 |
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That's the short version?
Keeping or trying to sell the BMW probably not worth any further hassle. Drop it off at her family's house, leave the keys in it and forget about that friend.
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09-28-2017, 08:45 PM | #6 | |
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09-28-2017, 08:45 PM | #7 |
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Umm, at some point you have to question the integrity (and possibly sanity) of someone abandoning a car still worth thousands of dollars. I don’t think it’s something you’ll want to get wrapped up in, especially if one day she wants the car back. If you do elect to keep the car, strongly suggest you consult with a lawyer and document everything. In the end, I would get the car towed as abandoned on your property, and let the tow company deal with the rest.
PS - your friend seems like an asshole. I know because one of my friends basically did the same thing to me. Abandoned a car at my place. After some strong words for him to do something he sends a friend from another state to pick up the car so she can keep it. At this point the paperwork was out of date, it didn’t work properly due to lack of maintenance and the whole trip ended with plenty of tears shed, her staying at my place for a few days, and a plane ticket back home. Suggest you hit the eject button on this as soon as possible. |
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09-29-2017, 01:29 AM | #10 |
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I believe you need the title free and clear from California. If the title in the backseat has already been signed over and the designee is not you. You will need to fix that.
You might be able to do some legwork and get California to re-issue the title to her and just ask her to sign it and send it over to you. Give her 100 bucks or something for her time or something. Good luck. |
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09-29-2017, 01:39 AM | #11 |
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If the car is originally from California, I believe you actually do need to transfer the title of the car. It would technically still be under her name as she is the one who bought it first. However the problem is she isn't at N.C. now so I honestly don't know how that even works. Ask the DMV is the best thing I can really come up with and ask them to see if they have any idea on what to do with the car if you want to keep it as she is technically saying you can.
If you have proof she said it then all the better.
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09-29-2017, 11:04 AM | #12 |
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I hope you at least got to bang her for all this trouble she is putting you through.
Might be worth reaching out to a lawyer to see what they recommend as far as the abandoned car laws go. I doubt you will get that title from her.
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09-29-2017, 11:38 AM | #14 |
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Call an impound lot and say someone has illegally parked a car on your property and don't know where it came from.
Now it's no longer your issue. Drive the Civic and buy a BMW after you've saved some money. |
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09-29-2017, 11:59 AM | #15 |
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Your friend sounds like a bitch
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09-29-2017, 12:30 PM | #16 |
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Thanks for all the replies everyone!
To add to this without giving too much info - this girl basically came into a shit load of legitimate money so she has what I'd like to call "fuck it" money... hence why she left the car here and just bought a new one I do agree with most of you that is seems like too much of a hassle.... but I have communications and recorded calls of her saying she does not care if I keep it but that she doesn't have time to get me a new title. I just don't think shit like this happens. I questioned if the car was stolen but I checked... no liens no reports no accidents no major drivetrain work... just a really nice car. My civic is also on it's last legs barring major engine and tranny work. I can see the BMW going for another 40k easily. Guess I'm gonna look into some of the suggestions here, but I think I'm gonna hound her for a while longer and see if the NC Abandonded Vehicle process comes through. I don't mind storing it, no skin off my back. I'm planning on moving out of state next summer so if I can't figure it out by then.... junk yard it is I guess! |
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09-29-2017, 01:30 PM | #17 |
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That's freakin awesome. You've had full reign over your friend's abandoned car for months, and for nothing in return? Just a little leg work, research, paperwork, and it's yours?
That sir, is called winning. |
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09-29-2017, 01:37 PM | #18 | |
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09-29-2017, 01:38 PM | #19 |
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I have a few friends with cars I wish they'd abandon in my driveway.
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09-29-2017, 01:43 PM | #20 |
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I disagree with most, i'd try and get it on the road, it's not worn out by any means. Even if you drop a few grand to refresh the belts, suspension, battery, hosses, fuel pump, water pump, aircon etc, it's a cheap ride in decent shape.
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09-30-2017, 08:36 AM | #21 |
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Yea so it looks like your getting crazy advice to deal with a crazy person, how apropos. I can't even imagine keeping this vehicle. If I were homeless and I had nothing and this were left on top of my cardboard box I would find another cardboard box to sleep in. Why on earth would you want something for free from a person who obviously has issues that need addressing. This would be no different than if she dropped her baby at your house and said here you go Frank, enjoy! Or even a pile of turd on your lawn. Bag it up and return it to her. Or maybe keep it if you think that would be best, lol.
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09-30-2017, 10:02 AM | #22 |
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Drop it of at the family's house like others said. Your friend is a nut job and once she comes to her senses she will probably want the car back. God forbid you get in an accident and wreck that thing she will be able to come after you legally and probably will because she's mentally unstable.
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