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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
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Experience:  25 years experience practicing attorney
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Ipaid the mortage for 2 years,about $10,000. I also ...

Customer Question

Ipaid the mortage for 2 years,about $10,000. I also customized the bike, paid cash had the engine completely altered except the cases and flywheels. I have all receipts and spent $10,000 cash out of pocket. Since all that stuff is legally mine, including the engine, can I remove and keep all those parts and not have them included in the repossession? Biker nut
Submitted: 6 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 6 years ago.

DearCustomer- It is my opinion that if you can restore the bike to its condition when it was purchased you can remove any item you installed. The loan was made on the bike in its condition at the time of sale and your items belong to you. Obviously you can't remove something that will cause damage to the bike or cause it to lose its value.

In the case of the engine, you would have to be able to put the old engine back since it would not be operable without an engine. the same would be so in the case of any other item that was replaced.

David Kennett - JD - Attorney at Law

Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27686
Experience: 25 years experience practicing attorney
Dave Kennett and 4 other Criminal Law Specialists are ready to help you
Customer: replied 6 years ago.
Relist: I still need help.
The parts I purchased were installed, at my expense, by the service dept in WA state and they kept the original parts. I am in AZ and have no access to those original parts. Do I still take off the custom parts I paid for? Example, the exhaust system ($700.00)is controlled by a special computer called a power commander ($250.00 parts and $300.00 labor all paid for by me). Can I remove them since they are mine? I cannot restore the exhaust system to original since the service company at Harley took all the original parts. Should I let the repo people on to my property? I will keep the license plates as allowed but the bike will not run when I take the exhaust system and power commander off. Same issue with the engine, 50% of it is the new parts I purchased with no access to the original parts. They will not be very happy and I do not know how a repossession process works. I think I am creating a risky situation for myself here.
Expert:  Dave Kennett replied 6 years ago.

Then I think you have a problem. If the bike won't run it would be useless for resale. The money was lent on an operable bike. I would say you can remove extraneous items like mirrors, seat covers etc but not parts that are essential to the operation. If you do you will probably be sued by the lender.

Dave Kennett

Customer: replied 6 years ago.
Reply to Dave Kennett's Post: They money was lent on an operational stock bike. I created a much improved "modified bike" so they will be repossessing a bike of greater value at my expense! How do I recover my cash outlay or do they just take back a bike of greater value leaving me with even more financial debt! Seems to me it might have been a mistake to modify the bike until it was totally paid for first. Perhaps a lesson to all bike owners with an outstanding loan. After the auction, I will still owe them the difference between my loan debt and the auction value. How do I know what the bike sells for at auction? Seems no way out for me doesn't it?
Customer: replied 6 years ago.

Dave,

I have accepted your answer and as you can see I have no way to recoup current losses. I hope to not incur more losses in this ordeal. Thank you for your patience

Don

Expert:  Dave Kennett replied 6 years ago.

I really don't see a way out either - sorry for all the trouble you have had on this. - Dave

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