Quote:
Originally Posted by Tyruscobb
I can’t imagine all the emotions that you have experienced since the theft occurred. I wish you luck. Finding the card is obviously the first hurdle, but potentially not the tallest.
The reason is the card has probably changed owners several times since the theft. I doubt the original thief is still holding the card. Moreover, the card is probably now encased in a SGC or BVG holder which will (1) make it more difficult to find the card and (2) make it difficult to prove the current owner is not a bona fide/good faith purchaser.
The current possessor is potentially innocent and a bona fide/good faith owner. If so, some states have laws that protect these purchasers/owners. This is especially true if the person that sold him/her the card is long gone. However, that person may also have been an innocent bona fide/ good faith purchaser. The theory is why should the tenth owner down the chain bear the loss if he/she had no idea the card was originally stolen and purchased it in good faith.
The current owner now potentially has a good legal title to the card. So, even if you can somehow locate the card, you then have to fight with the current owner. No one is going to voluntarily hand over a five figure card without a legal battle.
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That's news to me, I thought the old rule of nemo dat quod non habet (noone can give what he does not have, meaning a thief cannot convey good title) was still pretty universally followed in the US.
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Last edited by Peter_Spaeth; 11-28-2020 at 06:33 PM.
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