Another car repo story-this one got ugly! - Posted by Ben (NJ)

Posted by Mark (SDCA) on September 11, 2000 at 11:48:01:

Give the revocation verbally and follow up with a written revocation. YOU keep a copy. Then at least you have SOMETHING to show the cops.



Another car repo story-this one got ugly! - Posted by Ben (NJ)

Posted by Ben (NJ) on September 09, 2000 at 15:27:40:

I just have to vent. A few weeks ago I fired one of my due diligence guys, he was using a company van so I gave him until Sept 12th to turn in the van. Last night I get a call from a mutual friend that the guy (who had a prior drinking problem but had not drank for 2 years) was totally smashed and driving around like a maniac in my van. The mutual friend got the message to him that I had revoked my permission for him to use my van. He said “let the chips fall where they may”. So I file a police report for a “taking of vehicle without owner’s consent”. This morning I show up at his house with two cops to demand the keys. He pulls out my letter to him which says he has possession until the 12th and shows it to the cops. Now the cops start yelling at ME! One threatens to arrest me for filing a false police report! I said, "I’m supposed to let this guy drive my company car drunk and subject me to tremendous liability? (I wonder who will get sued in the event of an accident, flat broke due diligence guy or me?) They said “he’s a grown man, he can drive drunk if he chooses, be content that even your getting your van back but we won’t follow up with charges”. Thanks, cops for always being there for the dirtbag!

(Temporarily) disable the vehicle! - Posted by SusanL.–FL

Posted by SusanL.–FL on September 11, 2000 at 09:03:47:

You’re right. In the event of an accident, they’ll probably come after you. So-o-o what I would do is find SOME way to (temporarily) disable the van.

Immobilize the vehicle by removing a few parts from under the hood (distributor cap/alternator, whatever).

There is STILL plenty of time for him to cause some SERIOUS trouble in the community with YOUR vehicle.

And–at the stroke of midnight, I’d be there (with a tow truck) to reclaim my property!

“Life’s little events” sure make us wiser the second time around!!

Good luck.

Re: Another car repo story-this one got ugly! - Posted by Jim IL

Posted by Jim IL on September 09, 2000 at 15:50:10:

No offense meant here, but this was not the cops fault.
Siding with the dirtbag?
I don’t think so.
If this moron was to drive drunk and get caught, then he would be in trouble.
But, since you went to his home, and he was not driving the van drunk at that time, how could a cop do anything to him without witnessing it.
A complaint about him driving drunk on the previous day does no good now.
And, the ex-employee did have it in writing that he had permission to drive the van until the 12th, so he was right.
I hope that you did get your van back, but sheesh, the cops did nothing wrong here.
I am a ex cop and I’ve gotta tell you, it still bothers me to hear people complain about the job police officers do.
Many people are real quick to jump all over a cop and not like them, but when they need help, who do they call first?
The Police.
I find that sad and funny all at the same time.

If I were you, I would have made sure the ex-employee had been given notice in writing that he no longer had permission to drive your van, and the previous letter was revoked. (the one about the 12th)
This way you would have been right to file a report.
But, with nothing in writing to contradict what the ex-employee had, you DID file a false report.
Verbal agreements or revocations are only worth the paper they are written on, just as they are in REI.

What did you expect the cops to do, violate the law themselves by taking the van back.
Personally, if I were that cop, I would not have threatened to arrest you, I simply would have said, “Your report according to the evidence at hand has no merit, and this appears to be a civil matter, you may contact your attorney to pursue this. It is not a police matter.”
I then would have stuck around as a “keep the peace” and made you both seperate. Probably telling you to leave, since this was the other guys home you were at.
I may have, just as an effort to keep the peace asked the ex-employee to give you back the van, but if he said “no”, there would have been nothing the cop could do legally.
Then again, I was only a cop for ten years, what do I know anyway,
Jim IL

question for you JimIL - Posted by Jackson

Posted by Jackson on September 11, 2000 at 11:40:30:

Hello Jim,

I am just assuming you live and work in the ILLINOIS area. I am in search of a title company that is familiar with creative financing deals that will do my closings on simultaneous closings and assignments. I have had no luck getting a title company to listen to me let alone UNDERSTAND the kind of deals I will be trying to close. Can you possible suggest a good title company or attorney for me to contact to assist me with my transactions? Also if you know of any REI clubs i should join can you tell me of them? By the way are you a licensed RE agent or broker and if you are, why did you decide to get a license?

What part of the report was false? - Posted by Ben (NJ)

Posted by Ben (NJ) on September 09, 2000 at 17:46:11:

First of all, this is certainly not meant as an indictment of all police, in fact I take the cops side on many issues but I do believe these cops dropped the ball on this one. My incident report said that as of 8pm September 8th, 2000, upon learning that my ex-employee was driving my vehicle drunk, I revoked my consent for him to operate this vehicle. This was communicated clearly and unambiguously to him and he flagrantly chose to disregard this warning. At the moment he chose to disregard this, my van became a STOLEN vehicle! Upon driving by his house early this morning, I saw the van there, notified the police that I had recovered my vehicle which had been taken the night before without my consent and in order to avoid a violent confrontation was requesting police assistance. Maybe I am missing something, but again which part is FALSE?

Re: question for you JimIL - Posted by Jim IL

Posted by Jim IL on September 11, 2000 at 16:08:06:

Yes, I am in Illinois, aboit 35 miles SW of Chicago in the Aurora area.
As far as finding a title company to do my closings, I kind of cheated.
My very first “flip” deal was a abnk owned property that I contracted.
The bank insisted on using there own title company.
When I called to arrange the closing, I talked to them about setting up the simul close.
They said, “Cannot be done, it is illegal”.
Well, I then called a local attorney who advertised that he did closings in the paper.
I asked him if HE could arrange a simul close?
He said, “yes”, and I hired him for that closing.
He talked to the title company for me and got it all arranged and closed.
All I had to do was show up and sign everything.
He even kept up with the buyers lender for me.
After this flip, I made some calls and talked to a few different attny’s and title companies.
Many said the same as the first, but a few said they would and could do them.
I have had the best luck with Chicago title and First American, as well as Law title.
Law title seems to understand a bit better because it is a title company owned by attorneys.
Rather than goto there office for closings, they come to the attorneys office, which seemed better for me.
This allowed my attorney to control things.

This same attorney has only done a few deals with me, but he seems to be good.
On my last L/O he re-wrote all the paperwork and saved me some money.
We were to do a simul close, and he re-wrote the contracts and closing statements to have just one closing.
The Buyers bought directly from the seller, and the HUD 1 had a line in it where I got paid a “fee”.
Not sure how he worked this out, but I got paid and all was well.
This attorney is also a CPA, so he knows about tax angles and whatnot as well.

I am not sure where you are, or whether or not my attorney will travel to you if you are too far away.
But, e-mail me privately and I’ll send you his info.
I’d call some local attorneys first though and ask them if they can do what you describe.

Best of luck to you,
Jim IL

Re: What part of the report was false? - Posted by Jim IL

Posted by Jim IL on September 09, 2000 at 21:55:54:

Not that “I” do not believe your permission for the guy to drive your van was revoked, but wasn’t it done verbally through a third party?
That is why the report is false.
In writing the ex-employee had permission to drive the van until the 12th.
Therefore, you should have notified him IN WRITING that this permission was revoked.
This becomes his word against yours, and therefore it is a false report.
Meaning that the info the report is based on cannot be backed up with PROOF!

I could not go out and arrest someone just because there neighbor “Said” they had murdered there wife.
See where I’m coming from here?

Anyway, as I said, nothing here was meant to offend, I just was trying to point out to you that under the circumstances, the cops did the right thing with the information they had and could prove.

Have a great day, and happy investing,
Jim IL

I can see your point BUT… - Posted by Ben (NJ)

Posted by Ben (NJ) on September 09, 2000 at 22:05:24:

I would have had to fax the revocation to the local
strip club where the guy was getting hammered!! (LOL!)
No offense taken, have a good rest of the weekend!