Sova v. Vital Auto Brokers, LLC

Certification of title to an automobile is prima facie evidence of rightful ownership. ORS 802.240. If title is established, the burden is on the proponent of title to rebut the prima facie evidence. Brunk v. Horton, 280 Or 239, 242, 570 P2d 382 (1977).

Sova appealed a judgment in favor of Vital Auto Brokers, LLC, (Vital) for conversion and fraud regarding the rightful ownership in the same truck. Sova argued Vital did not in fact have “superior interests in the title” and the lower court erred in their determination that Sova did not meet his burden regarding ownership in the truck. Certification of title to an automobile is prima facie evidence of rightful ownership. ORS 802.240. If title is established, the burden is on the proponent of title to rebut the prima facie evidence. Brunk v. Horton, 280 Or 239, 242, 570 P2d 382 (1977). The Court held that “no reasonable trier of fact could find” Sova was not the owner of the truck in question. The Court reasoned that Vital produced no evidence rebutting Sova as a bona fide purchaser other than speculation and third party hearsay. Reversed and remanded.