SOUTH MIAMI, Fla. — The Ticktin Law Group, representing RV dealer Gigi Stetler, last week filed a motion for summary judgment in a case against GE Commercial Distribution Finance that has stretched almost years.
Stetler entered into a settlement agreement with GE Commercial Distribution Finance Feb. 18, 2011, after GECDF had repossessed many of RV Sales of Broward County’s RVs in a replevin action. Stetler owned RV Sales of Broward County.
GECDF had financed the purchase of the RVs, which were used to acquire motorhomes for Stetler’s rental fleet. When the units were repossessed, GECDF employees had confiscated all the dealership’s records, including vehicle registration information.
Because many of the vehicles the dealership had financed with GECDF were part of its rental fleet, and thus were scattered and rented out throughout the country to customers, Stetler was not sure which vehicles GE had actually repossessed, and which ones it had not, court documents show.
Pursuant to the agreement, GECDF agreed to provide manufacturers statements of origin (MSO) for all the vehicles which had not been repossessed, but which GE had liens. The finance company also agreed to release all of its claims and liens against Stetler and the dealership.
However, based on records obtained by the Florida Department of Transportation, 35 vehicles have titles that were still registered to RV Sales of Broward County. GECDF cannot account for those motorhomes, Stetler claims.
“GE still has title to these vehicles, equaling millions of dollars worth of vehicles that GE now possesses, but is not entitled to own or possess,” the motion reads. “Not only did GE fail to provide a list of the vehicles it had seized, but in the replevin, GE also confiscated all of RV Sales’ files — in essence taking all of RV Sales’ records of its GE inventory.”
It wasn’t until this case was started two years ago that GE finally provided the titles and lien releases of 13 vehicles, which the company claimed were the entire list of titles and liens that it held on RV Sales’ vehicles, which GE had not repossessed.
The titles were returned to RV Sales March 20, 2014, and the lien satisfactions were received June 24, 2014, which was more than three years after the settlement agreement was signed. Currently, according to the DMV report, there are still 22 vehicles registered to RV Sales, but which the MSOs are in GE’s name, with liens attached, court documents show.
“As such, there are still at least 22 outstanding vehicles confirmed to be under RV Sales’ possession, without titles, for which GE failed to provide the MSOs or titles, and failed to release the liens. This has caused RV Sales to not be able to sell the vehicles, as they do not possess title to their property,” the motion read.
The court has yet to set a date at which it will rule upon the motion for summary judgment.
To read the court filing, click here.