Quote:
Originally Posted by mrmustang
In PA I went straight for the title using the Sections 3352(c) and 3353(c) of the Vehicle Code, once the police sent notice (no charge to me) to the last known owner, I can't remember the length of time required, but I could go to the local notary after summary judgement of the abandonment (again, no cost to me) and it was something like $20-$40 for me to apply for the title. Considering the price of metal at that time, I was always guaranteed to turn a profit.  My tag shop of preference was not that far from the shop, and was always open late during the week. The loved me as my paperwork was always pre printed, and correct for whatever I was doing. No fuss, review, stamp, make a payment, and the titles showed up in the mail two weeks later. You've been to my old shop, I always had room for another abandoned car 
Bill S. |
Anyway my point is here that a shop, like yours or Shelby American does not just hold onto a car without trying to get a hold of the owner. The shop will be contacting the owner if the car appears to be abandoned. In MrMustang's case would you wait 4 months before trying to get the title? I am not sure MrMustang would be that patient, but apparently Shelby American was that patient. The letter says that they contacted the DMV, they know who the legal owner is and wanted to pursue a mechanics lien. It appears that the letter was probably to a lawyer. That seems like Shelby American is dotting their i's and crossing their t's to make sure that they can dispose of the wreck without any legal problems later. The wreck in 1967 was in as crashed condition. Shelby American was not removing parts before sending the wreck to the junk yard probably to get full scrap value for it. Keep in mind it is much simpler to call up the owner periodically to ask them to pick up the wreck than to get a lawyer involved. So when Michael is saying that his family was never contacted by Shelby about getting the wreck back, it would appear to me that if his mom is the legal owner, she is ignoring the calls and letters from Shelby, OR his family is not the legal owner of the car as found out by Shelby through the DMV. Is it possible that the DMV had a mix up and told Shelby American the wrong name and contact for the legal owner? That sounds unlikely if Shelby American contacted the bank, about the loan for CSX2049 as that would have confirmed the name and contact of the legal owner.
It is also a bit odd that Michael did not make an effort to go over to Shelby American after a week or less and ask to get the wreck back himself, but maybe he is busy dealing with a distraught mother who needs to deal with a funeral and settling an estate. Still is Michael just going to go for months or more without asking Shelby American are they done with the wreck yet?
Anyway if Shelby American got the mechanics lien and sent the wreck to a junk yard, the wreck became the property of Shelby American and then the property of the junk yard. In that case if Paul was the legal owner at the time of the crash, the Cunningham family was no longer the legal owner after the mechanics lien went through.