The Expert Podcast

Description:

• What is Pre-texting?
  • Pre-texting involves pretending to be someone else or fabricating a story to gather information.
  • Pre-texting itself is not illegal, but it becomes problematic when used to obtain sensitive information, such as bank records, without permission.
• When is Pre-texting Illegal?
  • If pre-texting is used to gather information like bank account records under false pretenses, it is illegal.
  • Example: Pretending to be a UPS driver to invade someone's privacy by entering their home can be considered illegal pre-texting.
• The Legal Consequences of Illegal Pre-texting
  • If information obtained through pre-texting is used in court, it could be ruled inadmissible.
  • The investigator could face legal trouble, and clients may be held liable for damages through vicarious liability.
  • Criminal charges can be applied if the pre-texting violates federal or state laws.
• Key Law: The Graham-Leach-Bliley Act
  • This federal law addresses illegal pre-texting, particularly after a major case where an investigator obtained cell phone records using false pretenses.
• Real-World Example of Pre-texting in Action
  • A lawsuit case involving an asset search where the opposing side attempted to gather information using a fake rebate check.
  • The investigator sent a check to the client, hoping to track the bank account where it would be deposited for asset discovery.
  • This tactic was illegal pre-texting, and the investigator was traced back to the opposing attorney.
  • Legal consequences followed, with sanctions against the opposing attorney.
• How to Protect Your Case
  • Always ensure investigators follow proper legal procedures and do not engage in illegal pre-texting.
  • Be aware of counterintelligence tactics and unusual activities by the opposing party, such as strange mail or phone calls.
• Investigator's Lack of Awareness
  • Many investigators unknowingly engage in illegal pre-texting, thinking their actions are legitimate.
  • It's crucial to work with experienced investigators who understand the legal boundaries to avoid jeopardizing your case.
• Takeaway:
  • Be cautious when gathering information for legal purposes—ensure investigators comply with legal standards to avoid severe repercussions in your case.

Check Out Our Investigative Channel
If you’ve been following our investigative stories and enjoy them, be sure to check out our additional YouTube channel: DescribeTV.
[Link to the channel]

What We Cover on DescribeTV
On DescribeTV, we dive into a variety of topics including:

• Investigations
• Fraud schemes
• Cyber attacks
• Artificial intelligence
• Real estate
• Insurance
• And many other popular subjects

Subscribe for More Insights
Subscribe to DescribeTV for exclusive videos with detailed information about the investigative industry.

Fastest Growing Area of Fraud: Family Law Fraud

• Family Law fraud has been rapidly increasing, especially in the last 12-18 months. This includes fraud related to divorce, probate, and even newborns.

Fraud in Divorce Cases

• Asset Concealment: Both parties in a divorce may try to hide assets to get a bigger share of the settlement.
• Common methods include:
  • Hidden bank accounts (including ones in relatives' or friends' names).
  • Hiding vehicles, real estate, or business assets.
  • Overpaying taxes to receive a refund after the divorce.
  • Diverting funds into cryptocurrency, casino chips, or high-value items like Rolex watches.
• Probate Fraud
  • Fraud often occurs after a loved one passes away. Family members or executors may conceal assets to steal from the estate, such as:
    • Bank accounts, real estate, antiques, or vehicles.
    • Writing checks, transferring property titles, or hiding valuable items.
  • Importance of Asset Searches: Ensure assets are properly accounted for and respected according to the deceased's will.

Fraud Related to Newborns

• Synthetic Identity Fraud: Scammers may use a newborn's Social Security number to open credit accounts and ruin their credit score before they even begin life.
• Protecting Your Child's Identity:
  • Freeze or lock the child’s credit and monitor it regularly.
  • Ensure their Social Security number is protected from identity theft.
• Get Detailed and Professional Help
  • In all cases, consider professional asset searches and tracing to ensure fairness and transparency in family law matters.
• More Content and Events
  • For more on fraud, including live events, visit our other YouTube channels: actualhuman.com and describe.tv.
  • Engage with our community and share your own experiences in the comments.

Remember to like, subscribe, and check out our other channels for detailed fraud investigations and live events.

Introduction:

• Have you tried filing a mechanic's lien on a vehicle only for it to be rejected by the DMV? It's a common issue.
• Automotive facilities, repair shops, dealers, and towing companies often face rejections when filing for a mechanic's lien.

Why Mechanics Liens Get Rejected:

• Fake Mechanics Liens: Some shops attempt to file fake liens to help others get titles, which makes titling authorities more cautious and likely to reject applications, even when they're legitimate.
• Time Limits: Many states have a time limit for filing a mechanic's lien (ranging from 6 months to 2 years). If you miss the deadline, your lien may be rejected.
• Signed Repair Orders: A mechanic's lien requires proof of a signed repair order, detailing the work done, approval, and agreement for the work.
• Proper Procedure: You must follow specific steps like sending notices to the lien holder via certified mail, placing ads in the newspaper, and conducting auctions. A minor mistake or failure to follow the timeline correctly can result in rejection.
• Address Verification: Using the wrong address for notices (e.g., from the glove compartment) can lead to rejection. Always request the correct address from the DMV.

Alternatives to Mechanics Liens:

• If your mechanic's lien is rejected, consider pursuing a civil title (sometimes called a magistrate title or court-order title).
• This process bypasses the DMV and offers more flexibility, allowing the court to make a decision based on the circumstances.
• A civil title is less likely to be rejected, unless the vehicle is stolen, has conflicting claims, or there’s something suspicious.
• It can be a more straightforward solution, and many clients find it more effective than a traditional mechanic's lien.

Conclusion:

• If your mechanic’s lien has been rejected, consider exploring the civil title process instead. It might be a better and faster route to resolve your title problems.
• Many clients who switch to a civil lien process wonder why they didn’t use it from the beginning – it's a powerful alternative to the mechanic’s lien process.

Link for More Information: Check out the link below for more details on the civil title process and how to get started.

Overview of Mechanics Lien Companies:

• Mechanics lien companies, especially smaller, mom-and-pop operations, are disappearing.
• Many automotive facilities and towing businesses are struggling to find reliable lien services.

Why Are Mechanics Lien Companies Going Out of Business?

• The process of filing mechanics liens is detailed and tedious, involving documentation, notices, and filing with the DMV.
• In the past, some providers found shortcuts or improper methods to process liens, but these are no longer accepted.
• A significant amount of fraud (over 50% in some states) was discovered, leading to stricter regulations.

Changes in State Regulations:

• Most states now have investigative committees that review every mechanics lien document for accuracy.
• Strict audits ensure that notices are sent, filing is done properly, and the time frames are followed.
• As a result, some mechanics lien companies can't handle the complexity or cost of complying with new regulations.

Challenges Faced by Mechanics Lien Providers:

• The cost of doing a proper mechanics lien (which should take 8-10 hours of work) makes it less profitable for providers.
• States are rejecting liens that aren't 100% correct, leaving many providers unable to continue business.

Alternatives to Mechanics Liens:

• Some states temporarily shut down mechanics lien processes due to fraud, while others have cracked down on non-compliance.
• The civil lien or court order title process can be a faster alternative, bypassing lengthy waiting periods.
• This process involves filing a petition with the county court, which can lead to a judgment and allow you to obtain a title quickly.

What Can Repair Shops Do?

• If you're a repair shop, you still need to be involved in the lien process by signing forms and mailing letters.
• States now require public bids for cars, where repair shops must offer the vehicle for sale, though they don’t have to accept the bid.
• While there are still some companies offering lien services, the process has become much more complex and requires more involvement from the garage.

Final Thoughts:

• The decline of mechanics lien companies is tied to government crackdowns and stricter regulations.
• For those looking for faster, more efficient ways to obtain titles, civil liens or court order titles may be the better option.

Why is it so hard to get a title for a vehicle?

• If you’ve purchased a vehicle without a title, at a lien sale, or an auction, the process might seem difficult or frustrating. This is because when a title is issued to you, it means all previous ownership claims are extinguished.

The Importance of Proper Titling

• When you receive a title, it excludes all other claims to the vehicle. This ensures that you are the rightful owner, and no one else has a stake in it.

A Case from Texas:

• Companies accused of illegally selling cars owned by service members highlight the risks of improper titling. Failing to obtain a court order before auctioning vehicles can leave the buyer with no title and the seller facing potential legal issues.

The Best Way to Get a Title: Court Order Title

• Court order titles are the safest and most secure method for obtaining a title. Although there are other methods like bonded titles or using loopholes (such as the Vermont loophole), they carry more risks.

Why the DMV Takes Time

• The DMV must ensure that all prior ownership claims, liens, and legal actions (like probate) are cleared before issuing a title. This ensures that your title is secure and cannot be revoked.

The Risks of Loopholes:

• Using methods like bonded titles or alternative approaches can lead to complications later. If the title is contested by a previous owner or a lienholder, you might have to pay out of pocket, and the bonding company could come after you for repayment.

Real-World Consequences:

• A woman’s car was sold at auction for $6,200 while she still owed $13,000 on the loan, with no title given to the buyer. This highlights the dangers of skipping the proper titling process.

Legal Consequences of Improper Titling:

• Vehicles obtained without going through the correct legal process are at risk of having their titles revoked. The U.S. Department of Justice is involved in these investigations, ensuring that buyers, sellers, and owners follow the correct titling procedures.

How to Avoid Legal Problems:

• Opting for a court order title or civil lien method ensures that the vehicle is legally transferred to you, avoiding future claims or title issues.

The Danger of Bonded Titles:

• Although bonded titles may seem like a quick fix, they are risky. If someone contests the title, you could be responsible for paying back the bond and could lose the vehicle.

Takeaway:

• Going through the correct title process the first time ensures peace of mind and eliminates the risk of losing your vehicle or title down the road. Avoid the hassle and legal trouble by doing it right from the start.

Introduction:

• Exploring common customer questions about car titles.
• Sharing real-life scenarios to provide insights and answers.

Customer Case 1 (Illinois):

• Scenario: Customer bought a 1965 truck with an old lien on it, complicated by multiple bank buyouts.
• Solution:
  • Request a lien release from the current bank in writing, not by phone.
  • Prepare and send a pre-filled release document.
  • If this fails, pursue a court-ordered title, where the court may sign off on the lien release.

Customer Case 2 (California):

• Scenario: Customer wants to register a vehicle out of state using the Vermont loophole to avoid California’s smog requirements.
• Solution:
  • Vermont registration isn’t designed to bypass smog or tax requirements.
  • Using this loophole to evade regulations may result in fines and vehicle impoundment in California.

Customer Case 3 (Missouri):

• Scenario: Customer lost the title before transferring it into their name.
• Solution:
  • Only the current titleholder can request a duplicate title.
  • Option to use a bonded title, which involves signing affidavits and obtaining a surety bond.
  • Missouri allows bonded titles, but other states may not.

Customer Case 4 (Abandoned Vehicle):

• Scenario: Customer received a vehicle without a title and wants to claim it as abandoned.
• Solution:
  • Most states do not allow titles to be obtained via an "abandoned vehicle" claim.
  • Instead, investigate other title options since declaring a vehicle abandoned often results in its surrender to the state.

Conclusion:

• These are common issues customers face with car titles.
• For personalized help, contact our hotline or email our help desk at [email protected].
• Tune in next time for more insights into car title issues!

Introduction to the topic: What to do if a car dealer doesn't provide a title after you purchase a vehicle.

Common scenarios:

• Buying a vehicle from a dealership (online or physical).
• Financing through a credit union or bank instead of the dealership.
• Potential issues with the dealership not having the title.

Reasons a dealer might not have a title:

• Acquiring the vehicle from an auction without obtaining the title.
• Selling the vehicle prematurely for profit without securing the title first.

Impact on financing:

• The bank or credit union pays the dealer upfront for the vehicle.
• If the dealer doesn't provide the title, the bank or credit union may consider your loan as unsecured.
• Possible conversion of your auto loan into a personal loan if the title isn't obtained within a specified timeframe (e.g., 60-90 days).
• Consequences of this conversion, such as increased interest rates (e.g., from 7% to 12%).

Importance of verifying the title:

• Buyers should ensure the dealer shows them the original title, not a photocopy or digital copy.
• Understanding the risks of purchasing without verifying the title.

Real-life examples:

• Cases where buyers are left without titles for months, affecting their ability to drive or register their vehicles.
• The financial burden of making payments without the ability to use the vehicle.

Conclusion: Always verify that the dealer has the title in their possession before completing the purchase or signing any agreements.

Introduction: Discussing the dangers of purchasing a vehicle without a title, illustrated by a recent incident in Texas.

• Case Example:
  • A woman attempted to sell a rented vehicle without a title at a discounted price.
  • The car was rented from an auto rental company, not legally owned by her.
• Common Misconceptions:
  • Buyers may think that a bill of sale is sufficient and that a title check confirms legitimacy.
  • Title checks may not reveal any liens or theft since the car was never owned by the seller.
• Title Validity:
  • Importance of the Title:
    • Buyers must receive a valid title at the time of purchase.
    • The title must match the seller's name and be properly signed over.
• Risks Involved:
  • Without a title, buyers risk losing their money.
  • A bill of sale is just a receipt and does not prove ownership or that the seller is the rightful owner.
• Consequences:
  • If someone purchases the vehicle without a title and later discovers it’s a rental, they risk losing their investment.
  • The rental company will reclaim the vehicle, leaving the buyer with no recourse to recover their funds.
• Final Thoughts:
  • Avoid buying vehicles without a title, especially newer or more expensive cars.
  • Older, cheaper vehicles may carry a lower risk, but the lack of a title still poses significant concerns.
• Resources:
  • Visit our website for tools and resources to assist with title recovery.
  • Remember, you are not a legal owner until you have a government-issued title in your name.

Moral of the Story: Always ensure you have a proper title to protect your investment when buying a vehicle.

DMV Guidance on Vehicle Titles

• Tips on avoiding title issues through DMV-provided resources
• Importance of properly signed titles, import rules, and bills of sale

Common Title Problems Consumers Face

• Unsolvable title issues and the need for caution in certain states (e.g., Delaware)

Title Verification Tips

• Ensure the title VIN matches the vehicle’s VIN
• Avoid purchasing flood-damaged, salvaged, rebuilt, or reconstructed vehicles

Homemade and Salvage Vehicles

• Requirements for VIN issuance on homemade vehicles
• DMV challenges with salvaged vehicles due to inspection standards

Lien Holders and Title Transfer

• The importance of clearing liens before title transfer
• Liens can prevent new titles until cleared from records

Avoiding Title Jumping and Skipping

• Risks of buying from “curbstoners” or dealers without proper licensing
• Consequences of skipped or jumped titles, such as tracking original owners

Imported Vehicles and Title Limitations

• Exemptions for DOT or EPA standards on 25+ year-old imports
• Additional steps required for certain foreign vehicles to get titled

State Penalties and Title Change Timelines

• Importance of changing title ownership within state-specified timeframes, often 30 days

Resources for Title Problem Solutions

• Visit our website for more information on resolving title issues