(METZGER V. AMERICREDIT SERVICES, INC.)
NATIONAL AMERICAN UNIVERSITY
COURSE: LA 3100
PROFESSOR: ETHAN SCHMIDT
AUTHOR: GLADYS M. DIXON
LESSON PLAN 9 WRITTEN ASSIGNMENT
(METZGER V. AMERICREDIT FINANCIAL SERVICES, INC.)
Questions
A. Briefly explain Theresa Metzger's claim against Americredit Financial Services, Inc. * Theresa Metzger appeals from an order entered by the Superior Court of Clayton County granting partial summary judgment to Americredit Financial Services, Inc. on her claim for conversion based on the alleged wrongful repossession of her vehicle. Metzger contends that the superior court erred by failing to conclude that she took her vehicle free of Americredit's security interest under the special good faith purchaser rule for goods covered by a certificate of title set forth in OCGA § 11-9-337(1). We agree and reverse. |
B. Did Theresa Metzger give Americredit a security interest (lien) on the 1997 Ford Taurus when she purchased the vehicle? * No, she did not know that it was a lien on the car when she bought it.
B. From whom did Americredit receive the security interest (lien) on the vehicle? * Americredit had obtained a security interest in the vehicle in 1998, when the company financed James Strong's purchase of the vehicle in the State of New York. The New York certificate of title issued to Strong reflected Americredit's security interest in the vehicle.
C. In what state did the previous owner purchase the vehicle? * New York
D. Explain why Americredit's lien that was noted on the vehicle's original certificate of title was not noted on the new certificate of title that was issued when the original owner moved to Georgia. * Strong later moved from New York to Georgia and submitted a "MV1Z" application form, along with the existing title and the required fee, to the Cobb County tag agent for the Georgia Department of Motor Vehicles