Vintage Corvette belongs to the last buyer

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Although a 1965 Chevrolet Corvette was the subject of litigation over ownership when it was purchased by a third party on eBay, the Indiana Court of Appeals has found the hotrod belongs to the eBay bidder.

The Indiana Court of Appeals affirmed the summary judgment granted to Donald Gindelberger in James N. Brinkely and Stephanie L. Brinkley v. Michael Haluska, P.E., d/b/a Retro Tech, et al, 32A01-1204-MI-181. It found Gindelberger to be a good faith purchaser for value.

The Brinkleys bought the Corvette in 2005 and, in 2006, contracted with Michael Haluska to restore the car for $12,500 plus parts and additional expenses. However, the parties eventually had disagreement about Haluska’s work and the amount of money the Brinkleys still owed.

Mechanic’s Lien Plus, hired by Haluska, filed a lien on the vehicle and sent a certified notice to James Brinkley at his father’s residence which was the address listed on the title. The notice stated the vehicle would be sold at public auction in August 2009 if the charges of $7,400 were not paid.

Brinkley did not receive the notice of the sale.

At the August auction, Haluska purchased the vehicle for $100.

Then Mechanic’s Lien sent a second certified notice to Brinkley at his own address, informing him the car would be sold at public auction in November 2009 if he did not pay the charges.

On Nov. 20, 2009, the Brinkleys filed a complaint for injunctive relief against Haluska to bar the sale of the vehicle and to regain possession. That same day, Haluska filed an application for certificate of title with the Indiana Bureau of Motor Vehicles and on Nov. 23, 2009, he was issued the certificate of title.

Haluska was served with the Brinkleys' complaint on Dec. 3, 2009, but he subsequently listed the car for sale on eBay. Gindelberger purchased the vehicle for $25,100 and received the certificate of title showing Haluska as the owner. Gindelberger did not examine the county court records prior to purchasing the vehicle.

After the trial court granted an injunction, ordering Haluska not to transfer title or deliver the signed title to the vehicle to any third party, the Brinkleys filed an amended complaint. They alleged Gindelberger was “not a bona fide purchaser for value without notice” because he had constructive notice of their lawsuit against Haluska.

The COA rejected that argument. It found there is no lis pendens notice for automobiles and there is no authority requiring Gindelberger to search pending litigation records prior to purchasing a vehicle.



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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

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