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COA affirms judgment for bank in replevin action

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The Indiana Court of Appeals has upheld summary judgment for a bank in its attempt to repossess a motorcycle, finding that while the purchasers of the motorcycle had an interest in it, their interest was not superior to the bank’s perfect security interest.

Jacob Magish bought a Harley Davidson motorcycle, using a $15,000 loan from Fifth Third Bank. He never completed the proper title work and in fact fraudulently obtained a “clean” title. He fell behind on his loan payments and sold the motorcycle through Craigslist to Kristine and Larry Dawson. He gave them the fraudulent title.

Fifth Third attempted to repossess the bike and filed a replevin case. The Dawsons, who still have the motorcycle, filed a complaint to have the bank’s lien declared unenforceable so they can have a clear title. Fifth Third filed a counterclaim for replevin. Both filed for summary judgment, which the trial court granted for the bank.

When Magish defaulted on his loan, the bank, as the secured party, had a right to take possession of the motorcycle, the COA ruled in Kristine A. and Larry G. Dawson v. Fifth Third Bank, No. 49A02-1107-PL-704. The judges rejected the Dawsons’ claim that their purchase and ownership of the motorcycle precludes the bank from being able to prove that the Dawsons wrongfully held possession of the motorcycle. Judge Carr Darden noted that the Dawsons didn’t verify with the Bureau of Motor Vehicles before purchasing the motorcycle that the title had no liens.

The judges also rejected the Dawsons’ argument that the trial court erred by denying their motion for summary judgment on their claim for equitable estoppel. The Dawsons cited no caselaw to support their arguments and failed to show that the bank’s acts or omissions were responsible for their loss by purchasing the motorcycle without knowledge of the lien to the extent that equity should be granted to them, Darden wrote.

 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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