Motorcycle Confiscated by L.A.P.D.

[HJKINLA]

I did a custom paint job on a Harley Davidson. It soon became apparent that
the owner could not pay his bill and after several months could no longer be located. I proceeded to have a Lien Sale, following every stipulation of Civil Code 3072. This took 3 months. With there being no qualified bidder, I completed the Certification of Lien Sale, showing myself as both Buyer and Seller and then went to the DMV and registered it in my name. I began to restore the bike. (When it was dropped off it didn't run and it was literally in pieces with most missing). I have invested a lot of time and money.
Then, out of the blue, two plain clothed detectives came to my home. They said that the bike had been stolen,,,7 YEARS AGO,,,and now belonged to the Ins. Co. I explained the circumstances under which I acquired the bike and attempted to show them my registration and purchasing receipts. They glanced at them and told me to meet with them Monday morning at the Tow Co. Impound Lot. I asked for the name of the Ins. Co., hoping to negotiate, but they said they would speak to them for me. They then left with my bike. I was dumb founded.
On Mon. I was told that the INS. Co. was not interested in talking with me, but would have the Tow Co. take off all the parts that I have receipts for, and return them to me. The Det. said this would take about two weeks.
Now this makes no sense. It will leave the bike inoperable and in pieces.
It has been two weeks now and I haven't heard a thing.My questions are,,,,,Why would the DMV register a stolen bike to me and charge me over $400.00.
Is there a Statue of Limitations regarding the Ins. Co. claim of ownership? It has been well over 7 yrs.
Do I, as being one with a verifiable equity position, have any rights, such as maybe 1st right of refusal?
I am also concerned with the fact that to the best of my Knowledge, I am still the registered Owner and therefor responsible for the exorbitant amount of monies that will be owed to the Tow Co.
I just don"t feel right about the way this is being handled and quite honestly I don"t trust either party. It's all so surreal.
I really want my bike back! I have put my sweat and now tears into it and although I am not a rich man, I would greatly appreciate the chance to see if there is any way i can recover, what I feel is rightfully mine. I thank you in advance for your time and concideration....Please advise.

 

[jharris352]

I would get an attorney. I know you want more than that here but I think you have a case. This sounds silly to me.

You are an innocent holder in due course and the insurance company was likely duped by their client. I don't think the insurance company has a claim.

 

[CdwJava]

What likely happened is that the motorcycle was reported as stolen some 7 years ago. The guy who was in possession of the bike who asked the OP to repair it might have been the original owner, he might have been the thief, or he might have been a guy the thief sold it or gave it to. In any event, if it has been in the system (SVS) for 7 years, it has not been registered in that time.

For any one of a number of reasons, the DMV either did not catch the fact that it was stolen on his first visit, or, the documents were submitted by mail or drop box and not personally run by an employee of the office. It is likely the bike was entered by VIN and this was matched to a record of a stolen vehicle. As such, the OP may have a legitimate claim against the guy that gave him the bike and never paid him for his work, but the insurance company "bought" the bike when they paid the original owner off for the value of his loss and they are, thus, the owners ... though without written title as there was no bike upon which to verify the transfer of title until now.

Sadly, it would appear that the OP is a victim in this matter as well for his loss in time, labor, and parts. He should provide any and all information on the client (if he has not already done so) to the police.

I would doubt the value of the bike is worth the cost of an attorney, and even so, the attorney would essentially be employed to take the property of another with a longer, and likely stronger, claim to the property.