Need help desperately

[C5X DAYTONA]

I was second high bidder on the Daytona.   I'm glad I backed off and let my friend get it.   

[skip68]

Since it's all family then they cannot say it was abandoned.     Since the purpose is going after the crook that sold the car I clearly see why you need to get in touch with the new owner.    Good luck Tammy and turn that rotten S.O.B. in.  

[held1823]

i must be reading a different story than skip is?

There were 3 sister's and Rick. The eldest name is Elaine and she is the sole beneficiary and executor to Rick's estate. Elaine is also the Mother of my friend, Darin. Then there is Patti and Judi.

i'm thinking it is patti that has made the chit list...

[A383Wing]

my head hurts now

[Redbird]

I went back and looked at the "Sports Car Market magazine" articles about the Ferrari, there were a couple. The last one I saw had the owner of the car, who had owned the car for a long time, getting the car back form the police after the police had impounded it. The article talked about the "inside" and "outside" owners under Swiss law. So in the article the last owner it seems got to keep the car, so I was wrong. The article went on to say that 2 magazines were being sued for 5 million for having advertisements describing the car as stolen. One of the paragraphs in SCM had a heading labeled "What probably happened", another paragraph was labeled "So what happens next?".

For all the folks involved in the Daytona issue, it seems a mess beyond belief.

For most antique car owners, this has to be a nightmare type scenario. Especially where a title issue could have happened 30 or 40 years ago. Most all antique car owners probably don't know all the places their car or cars have been. I know someone will say "I do", but most don't.

Having been the executor for an estate, it became apparent to me that there are plenty of places where the whole process could unravel if someone made really bad choices.

I really don't understand pre WW2 cars from Europe can have much assurance that the title is really "clean".

What if the title is used to create a second car for this Daytona? Sure be hard to sell or even drive anything in the USA then.

All kinds of potential costs and problems could happen. A car with a missing fender tag seems "minor" in this world.

[richRTSE]

Since it's all family then they cannot say it was abandoned.  The executor of the will / trust has laws and rules they must fallow or they can be in serious trouble. Since the purpose is going after the executor of the trust I clearly see why you need to get in touch with the new owner.      Good luck Tammy and turn that rotten S.O.B. in.   

No, I believe the executor was Darin's mom, Elaine, in Ohio. She tried to get the car back and was told that the younger sister, Patti, and her husband Jim, who were in possession of the car, wanted like $76,000 in back storage fees. Since Elaine was the executor, she had the title of the car put in her name in 2003. After some time, the people in Ohio were told by the people in Arkansas that the car had been scrapped. This was thought to be the end of the story, except the car wasn't scrapped, but was sold on ebay by Jim in 2011.

that what I'm getting out of this story so far...

[skip68]

You are absolutely correct.  I fixed it.  I don't know what I was thinking.        
So, who's on first ......??  

[Mytur Binsdirti]

 I'm glad I backed off and let my friend get it.   

What kind of a friend are you?   

[C5X DAYTONA]

 I'm glad I backed off and let my friend get it.   

What kind of a friend are you?   

I'm thinking I'm the lucky one now.   

[Patronus]

Lets say storage was $100 a month. At $76K thats storage for ...63.3 years. Even at $200/mo. thats 30 years. Sucks when someone tells you its raining....and that rain is warm and salty.

[nvrbdn]

my feelings with this is that i feel sorry for the people involved all the way around, and cant see myself leaving a car like that siting outside on someone elses property for so long (even though it is a relative that you would think you could trust), but if it was me that was supposed to get that car, i would be doing whatever i could legally do to recover what is or was supposed to be mine. if i never recovered the car, i would make sure the "ex" relatives burned for their parts in this, and id find me another body to build.  if i never sold the car, it wouldnt matter, but if you were to put the same amount of money in the resto of the real daytona, vs the tribute daytona, we all know which one will draw the money later. i just hope everyone can work through all of this without too much pain being delivered to the should be owner and the last purchaser.   good luck.

[skip68]

This has me puzzled also.   Tammy, do you know how they got a new title?    Is there anything in writing from the sellers to your friends acknowledging them as the rightful owners?    If the seller claimed it was abandoned then he would be committing perjury.   That you can prove.   If he did a lean sale your friends should have been notified unless he sent notice to the dead uncle knowing it would be returned or not answered.   Again, you can prove they knew what they were doing and they were embezzling from the estate.    Either way there should've been proper notification given to your friends or the estate.    The estate should've asked for a junk receipt from the seller.       If everything you've said is true then the sellers illegally obtained ownership and illegally sold that car.    

As I said before, the words " friendly combatants" between your friends and the new owner is going to be key in this situation I think.   This is a very messed up deal.   

[Tamera225]

This has me puzzled also.   Tammy, do you know how they got a new title?    Is there anything in writing from the sellers to your friends acknowledging them as the rightful owners?    If the seller claimed it was abandoned then he would be committing perjury.   That you can prove.   If he did a lean sale your friends should have been notified unless he sent notice to the dead uncle knowing it would be returned or not answered.   Again, you can prove they knew what they were doing and they were embezzling from the estate.    Either way there should've been proper notification given to your friends or the estate.    The estate should've asked for a junk receipt from the seller.       If everything you've said is true then the sellers illegally obtained ownership and illegally sold that car.    

Hi to all, no the family doesn't know how they attained the false title. However, the Arkansas BMV states that any officer or official of the law in that state can "deem" the vehicle abandoned but the steps of notification and vehicle history should have been pulled and all owners notified. If this is how the process went then the person of law may be held accountable for his discrepancies along with the Dunlaps. Another contributing factor is that in the state of Arkansas the BMV only does a title search for their state not the entire US. Also, remember too that this family was under the influence that the car has been scrapped and was no longer around therefore the family gave up hope of attaining the Daytona for such a prolonged period of time. The EBay auction would not have been discovered if I hadn't ran a go ogle search on the VIN number. The family would still be assuming it was scrapped. I'm wondering now if I didn't open a can of worms (so to speak) 

[A383Wing]

Have you contacted a lawyer yet? If not, why not?

we seem to be getting different stories every time you post about this..

Bryan

[nvrbdn]

i thought she posted that legal advise suggested contacting the purchaser first and get the info on the sale so they have as much background as possible?   or i could be reading between the lines.

[A383Wing]

I have read so much on this that my head hurts...maybe I missed something, it's possible....but it still seems something is "off" here to me anyway

Bryan

[Tamera225]

Your correct nvrbdn the family was advised to get as much info on the Daytona as possible. That was my intentions when I started this topic. Where else can a girl find info on such a rare car than here, right? I'm not sure but maybe Bryan missed the post I made about certain details But I am in the process of editing the pics I have of Rick (original owner) so that they can be clear and viewed properly. A lot of them are from film negatives that were stored for along time so I have transferred them to the computer. They will be posted soon....  

[held1823]

until tammy's post about an hour ago, i had tried to keep an open mind about the family seeking neither the car or the cash. i wasn't totally buying that story, but would not just dismiss it, either. too many puzzle pieces were still missing to decide. we have three sisters, with three different agendas. the youngest sister has allegedly made off with all of the cash. no mention has been made of the middle sister's thoughts, but even if she wasn't interested in the car, she would almost certainly be interested in her share of the $45,000. that amount isn't pocket change, after all.

tammy's later post shows that the oldest sister, or at least her son, has already put some major effort into deciphering the legalities of the car's ownership and subsequent sale. these efforts did not start after this thread appeared. legal counsel had already been sought, by someone trying to build a case for going after something. this thread is an attempt to help locate the car, and to claim otherwise is total

[A383Wing]

well, I don't think we are getting the full or correct story  

story lines keep changing, direction changes with every post...."he said, she said" keeps going on and changes as well

I'm being quiet for now  

[skip68]

I wouldn't say it's changed but rather more info and details have been added.   Is the new owner a member here?   If so, I bet he's got one hell of a turning stomach.     By going into or contacting the BMV your friends should've been able to find out how the sellers got a new title.   That would be one of my first steps being the fact that your friends have a title in their name.  Why was this not done?     Knowing the car was sold has been proven but finding out how the sellers got ownership is something of more importance right now.   You never know, maybe they have something from the uncle that granted them ownership and they just never said anything because it would be ugly.   Find out HOW they got ownership first before upsetting and scaring the new owner because maybe, just maybe they had a legal right that you aren't aware of.   

[held1823]

skip may be right, the new owner may be drinking mylanta by the bottle. or he could simply be watching this family put the word fun, in dysfunctional.

i'm not sure which story line is more intriguing,  the youngest sister secretly robbing the family bank, or tammy's rendition of sherlock holmes.

[General_01]

For all we know the oldest could have been trying to cut the others out so the youngest used the "storage fees" route to get "her share". When that didn't work she and her husband kept the car and sold it to get "her share".

Granted, I am a pessimist, but that was the first thing I thought of when I read this thread.

[skip68]

Dean, I had those same thoughts also.      It's hard when you only have one side of the story.   

[Tamera225]

Okay now I need help lol how do I get these pics on here? I get a message stating the pic file is too large....

[rnjump]

  If the seller of the car was doing something crooked why did they place it on ebay? I remember seeing it for sale. We are not to far away and I thought about going after it myself.