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Discussion Starter #1
I live in Tennessee. Bought my Lotus from someone in Kentucky, private party. The guy worked at a motorcycle dealership and said he had someone there to do the notary. When we are doing the paperwork, the guy who is the notary tells me that the State of Kentucky does not require a seal and I like an idiot, went along with it. He had a lien on the car so I got a bill of sale and a Power of Attorney for Vehicle Transactions filled out. The bank gave the go ahead and I traded the check for the car. The title comes back from his bank showing the lien is paid off but it turns out I can't get the car titled in my name without the Power of Attorney sealed by a notary. I contacted the buyer and sent him a new form and a copy of the old form and he said he would take care of it. Fast forward, over a month later, many emails and excuses, and I still do not have the paperwork returned

Anyone know what I should do next? My bank is getting anxious not having the car titled over and I can't drive the car anymore because my temp tag has expired and I can't get another.

I'd think there was somthing fishy going on, but my bank has the title to the car. Perhaps this guy is just a horrible procrastinator. I just don't know what to do now.
 

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Actually, there may not be enough money here to justify contacting an attorney. You can do 1 of 2 things:
1) Sue him in a county court in your state. This forces him to answer your lawsuit. If he doesn't pay, you now have a lien against him that you can perfect in Kentucky. Unless he's an attorney, he'll have to hire someone to fix this. rotfl
2) Sue him in small claims court in Kentucky. Make sure the amount you're suing for is within the jurisdictional limits in the state (probably $10k).
Also, contact the Attorney General of Kentucky. Because he's a dealer, he's got a different set of rules he has to play by.
And finally, make sure every letter you send to the guy from now on is mailed certified, return receipt. . .it's that green postcard you get back.
 

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Before suing or whatever, find out if you do, in fact, need a "seal". Some states do not need/require a "seal". For instance, Virginia doesn't require them - my wife is a notary (for her job), and she doesn't need a seal - just a stamp and her signature. But she did get a seal (out of pocket expense for her) simply because most people expect it, even though it's not required.

It could be that your bank is applying your states laws to the legal transaction of another state.
 

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I was half right.

Is the use of a seal necessary?

Kentucky notary statutes, Kentucky Revised Statutes 423.010 - 423.990, do not require the notary to use a seal. Notarizations in Kentucky are regularly performed without a stamp or seal. However, if you wish to obtain a seal of office, it should contain your name and notary public title such as “Notary Public - State at Large” or “Notary Public - Special Commission.”

It should be noted that some states require a seal or stamp; therefore, if you are notarizing a deed or other document which is to be recorded or used out of state there is a possibility a seal or stamp is required.
 

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Discussion Starter #7
Kentucky does not require the seal, but that is only for in-state documents (i.e. the "Special Commission" one). If it leaves the state, then it requires one, mainly because the other state is going to require it. Tennessee is one of those states that requires the seal to accept the document. I contacted Kentucky, they confirmed that much. I asked my County Clerk for titling the car, and they said I do need the seal to title it, no matter what, no exceptions, no other ways around it.

I'm driving through that area Saturday on my way through to somewhere else, I may just try showing up at his work since I know where that is and seeing if confronting him directly works for me. I hate to pay an attorney to do this, but it does seem to be pointing that way. It's definitely better than my bank asking for their money back.
 

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Discussion Starter #9
Got it all straightened out. He even overnighted the paperwork to me.

Woot! Later all, I'm off to drive the Lotus :shift:
 
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