Forum Discussion
DownTheAvenue
Jun 21, 2017Explorer
I am an attorney but not experienced with Oregon, Nevada, or even Arizona consumer and banking laws. Before you can even proceed, you must ascertain:
1. The seller is actually the legal owner.
2. The sale amount covers the loan payoff.
3. If the sale amount is not sufficient to cover the payoff, then does the seller have sufficient funds to pay the deficit?
Your best way to proceed is to call the finance company to get answers above. Then see if they will accept a check from you for the pay off. You can write another check to the seller for any equity he may have. Get the finance company to mail the title to you. (This assumes they actually are holding the title. Some states the seller holds the title with a lien annotated.) Get the seller to give you power of attorney to dispose of the RV. Then, when you get the title, you can sign as attorney in fact and transfer title from him to you. Ascertain that in your state an attorney in fact can transfer title in his own name. If not, then transfer title to your wife or trusted person who can then transfer title to you. Some states disallow "non-arms length transactions" so check that out, too.
Feel free to PM me if you need more help.
1. The seller is actually the legal owner.
2. The sale amount covers the loan payoff.
3. If the sale amount is not sufficient to cover the payoff, then does the seller have sufficient funds to pay the deficit?
Your best way to proceed is to call the finance company to get answers above. Then see if they will accept a check from you for the pay off. You can write another check to the seller for any equity he may have. Get the finance company to mail the title to you. (This assumes they actually are holding the title. Some states the seller holds the title with a lien annotated.) Get the seller to give you power of attorney to dispose of the RV. Then, when you get the title, you can sign as attorney in fact and transfer title from him to you. Ascertain that in your state an attorney in fact can transfer title in his own name. If not, then transfer title to your wife or trusted person who can then transfer title to you. Some states disallow "non-arms length transactions" so check that out, too.
Feel free to PM me if you need more help.
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