With FL Vehicle Titles and Liens, a Title/Lien company is a Licensed and bonded auctioneer, presumably for providing auction services on Lien vehicles placed for sale, so my question is: Does the Title/Lien company have any fiduciary or other responsibilities beyond the Notice Of Lien requirements dictated by FL Statute 713.585 or any other aspects governing their licenses and operation to be honest?
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I guess from your answer that the Lien company has no responsibility to notify an owner by any other means, such as phone, fax, or email, of a lien being placed, if they have received the official notice of lien Returned Unclaimed from the USPS, even if they have all this information?
Paul, I'll come back and catch up on each of these volleys, but let me ask two things:
(1) Is there no oversight body as part of the auctioneer's licensing in FL, where their veracity is subject to review if a complaint is filed, and
(2) If an official complaint is filed with the FL DMV Title Fraud division for a vehicle has been Lien and sold at auction, which is closed and controlled so the lien party acquires the vehicle, gets a new title, sells it far beyond the original lien claim and keeps the money -- and the Title Company presents erroneous information about the original owner, is not those embellished or erroneous statements to DMV potentially liable for the Lien company?
At the risk of sounding anal, I agree with you, I understand your explanation, and if anything I think it is the way the statute is written to promote huge loopholes for abusing this process, HOWEVER, during the ensuing investigation by the Title Fraud Division, the Lien company made erroneous statements they knew, or should have known were not true, that tainted and prejudiced the owner from returning the Title back to the owner.
Can't the Lien company be held accountable in some measure for their contribution of giving false testimony, especially when they profited from it?
I think you understand this, but the Lien company IS the auction company; it was the Body shop that placed the lien, using the Lien company.
Fraud is what has been alleged against the Title/Lien company, AND the same action for Civil Theft against the body shop, both of which have already survived Motions to Dismiss and Limine, and are well into discovery at this point.
This was a $70K BMW (paid for), with a $4K repair bill. There was no intent to avoid notice; but there was willful intent by them to avoid giving the owner notice, because the owner was in constant communication. (I know this is all moot, here, but just wanted to clarify FYI.)
As usual, thanks.
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