Couple should be allowed truck title

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The Indiana Court of Appeals affirmed summary judgment in favor of a couple in a vehicle title dispute, ruling the pair should be allowed to take the title free of an auto auction's security interest in the truck.

At issue in Indianapolis Car Exchange, Inc. v. Randall and Christina Alderson,  No. 80A02-0902-CV-116, is whether the trial court erred in granting summary judgment for the Aldersons and ordering the BMV to release a lien held by Indianapolis Car Exchange.

The truck in question was purchased by Mike Thurman at ICE through his car dealership. ICE had a financing agreement with Thurman despite the dealership's cash flow problems and ICE's insurance company refusing to cover transactions between ICE and the dealership.

Immediately following the purchase, Thurman sold the truck to Bonnie Chrisman of Lightly Used Trucks at another auction house; Chrisman arranged to purchase the truck for Randall Alderson. Thurman never paid ICE for the truck nor informed them of the sale. After learning of the sale, ICE asked the BMV to place a lien in its favor on the truck's title. The auto auction refused to release the lien and the Aldersons refused to return the truck.

In the Aldersons' complaint against ICE, both parties filed for summary judgment; the trial court granted it in favor of the Aldersons.

The Court of Appeals examined Indiana Code Sections 26-1-9.1-320(a), 26-1-1-201(9), and 26-1-2-403(1), which deal with buyers, sellers, and security interests. For a buyer to take free of a security interest created by the seller, the buyer may have knowledge that a security interest exists but may not have knowledge that the sale violates the rights of another person, according to the statutes.

ICE argues there are genuine issues of material fact in the case, including whether Chrisman and the Aldersons knew the sale violated ICE's rights. It pointed to the fact Chrisman told the Aldersons that Thurman "was running on Danny Hockett money," who is the owner of ICE, and that the sale took place at another auction after the first sale. But this evidence doesn't establish a genuine issue of material fact for trial, wrote Judge Michael Barnes.

"In the absence of designated evidence showing that Chrisman or the Aldersons had knowledge that the sale of the truck violated ICE's rights, Chrisman and the Aldersons were buyers in the ordinary course of business," he wrote.

Also, ICE did object to the sale, but only because Thurman defaulted, not because he sold the truck.

"ICE entrusted the truck to Thurman by delivering the truck to him and acquiescing in his retention of possession of the truck with the expectation that Thurman would sell the truck to someone else. This is the very circumstance in which Indiana Code Section 26-1-2-403(2) was intended to apply," Judge Barnes wrote.

Whether Indiana Code Sections 26-1-9.1-320(a) or 26-1-2-403(2) are read separately or in conjunction with one another, the Aldersons should be allowed to take title free of ICE's security interest in the truck, the appellate court ruled.


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  1. Especially I would like to see all the republican voting patriotic good ole boys to stop and understand that the wars they have been volunteering for all along (especially the past decade at least) have not been for God & Jesus etc no far from it unless you think George Washington's face on the US dollar is god (and we know many do). When I saw the movie about Chris Kyle, I thought wow how many Hoosiers are just like this guy, out there taking orders to do the nasty on the designated bad guys, sometimes bleeding and dying, sometimes just serving and coming home to defend a system that really just views them as reliable cannon fodder. Maybe if the Christians of the red states would stop volunteering for the imperial legions and begin collecting welfare instead of working their butts off, there would be a change in attitude from the haughty professorial overlords that tell us when democracy is allowed and when it isn't. To come home from guarding the borders of the sandbox just to hear if they want the government to protect this country's borders then they are racists and bigots. Well maybe the professorial overlords should gird their own loins for war and fight their own battles in the sandbox. We can see what kind of system this really is from lawsuits like this and we can understand who it really serves. NOT US.... I mean what are all you Hoosiers waving the flag for, the right of the president to start wars of aggression to benefit the Saudis, the right of gay marriage, the right for illegal immigrants to invade our country, and the right of the ACLU to sue over displays of Baby Jesus? The right of the 1 percenters to get richer, the right of zombie banks to use taxpayer money to stay out of bankruptcy? The right of Congress to start a pissing match that could end in WWIII in Ukraine? None of that crud benefits us. We should be like the Amish. You don't have to go far from this farcical lawsuit to find the wise ones, they're in the buggies in the streets not far away....

  2. Moreover, we all know that the well heeled ACLU has a litigation strategy of outspending their adversaries. And, with the help of the legal system well trained in secularism, on top of the genuinely and admittedly secular 1st amendment, they have the strategic high ground. Maybe Christians should begin like the Amish to withdraw their services from the state and the public and become themselves a "people who shall dwell alone" and foster their own kind and let the other individuals and money interests fight it out endlessly in court. I mean, if "the people" don't see how little the state serves their interests, putting Mammon first at nearly every turn, then maybe it is time they wake up and smell the coffee. Maybe all the displays of religiosity by American poohbahs on down the decades have been a mask of piety that concealed their own materialistic inclinations. I know a lot of patriotic Christians don't like that notion but I entertain it more and more all the time.

  3. If I were a judge (and I am not just a humble citizen) I would be inclined to make a finding that there was no real controversy and dismiss them. Do we allow a lawsuit every time someone's feelings are hurt now? It's preposterous. The 1st amendment has become a sword in the hands of those who actually want to suppress religious liberty according to their own backers' conception of how it will serve their own private interests. The state has a duty of impartiality to all citizens to spend its judicial resources wisely and flush these idiotic suits over Nativity Scenes down the toilet where they belong... however as Christians we should welcome them as they are the very sort of persecution that separates the sheep from the wolves.

  4. What about the single mothers trying to protect their children from mentally abusive grandparents who hide who they truly are behind mounds and years of medication and have mentally abused their own children to the point of one being in jail and the other was on drugs. What about trying to keep those children from being subjected to the same abuse they were as a child? I can understand in the instance about the parent losing their right and the grandparent having raised the child previously! But not all circumstances grant this being OKAY! some of us parents are trying to protect our children and yes it is our God given right to make those decisions for our children as adults!! This is not just black and white and I will fight every ounce of this to get denied

  5. Mr Smith the theory of Christian persecution in Indiana has been run by the Indiana Supreme Court and soundly rejected there is no such thing according to those who rule over us. it is a thought crime to think otherwise.