[CITE: Galyan's v. DNR & T. Furman a/k/a Ware, 4 CADDNAR 23 (1986)]
[VOLUME 4, PAGE 23]
Cause #: 86-129L
Caption: Galyan's
v. DNR & T. Furman a/k/a Ware
Administrative Law Judge : Drew
Attorneys: Wingert; McInerny, DAG; Furman, none
Date: October 8, 1986
ORDER
It
is ordered as follows:
The
application for a certificate of title provided by Tom Furman be voided and all associated filings be returned to the
Claimant, Galyan's Trading Post.
FINDINGS OF FACT
1.
Mr. Thomas Furman (a/k/a Barry Ware) purchased a 1986 4-Winns 190 Horizon (the
"watercraft" or the "boat") from Galyan's
Trading Post (Galyan's) under the assumed name of
Barry Ware. The check with which Mr. Furman purchased the boat was returned due
to insufficient funds. The boat eventually was reclaimed by Galyan's
and Galyan's now seeks to void the certificate of
title application for this watercraft.
2. A
pre-hearing conference was held on October 2, 1986. The Claimant was
represented by Duane Wingert and the Department was
represented by Daniel P. McInerny, Deputy Attorney General. Thomas Furman was
not present or represented by Counsel.
3.
At the pre-hearing conference the following determinations were made:
a)
Mr. Furman had falsified his certificate of title application by using a false
name, address and credit information;
b)
Summit Bank of Fort Wayne, Indiana listed on Furman's title application as the lien
holder and the bank in which Furman maintained an account had no business
dealings or other contacts with Mr. Furman; and
c)
Furman paid for the boat with an "insured money market" check made
out for the total price of the boat, $17,219.90.
4.
Furman filed his application for certificate of title with the Department. Galyan's subsequently requested the Department to put a
hold on the application process pending a review of Furman's application.
5.
No certificate of title has been issued by the Department in this matter.
6. Galyan's now requests that Furman's application for a
certificate of title for the watercraft in question be voided and that all
associated filings, including the certificate of origination, be returned.
7.
IC 14-1-4-8 (d) provides that the Department, "shall use reasonable
diligence in ascertaining whether the facts in the application are true. . .If satisfied. . ., that the application is in the
proper form, the Department shall issue a certificate of title."
8.
IC 14-1-4-10 provides that the Department shall issue a certificate of title
when id is satisfied "as to [the applicant's] genuineness and
regularity."
9.
The Department, after using reasonable diligence, was not satisfied with the
genuineness and regularity of Furman's application and therefore was correct in
not issuing to Furman a certificate of title.
10.
310 IAC 2-30-9 provided that:
The
Division may cancel a certificate of title where; (5) "a person used a
false or fictitious name or gave a false or fictitious address, or made a false
statement in an application. . .or otherwise committed
a fraud or misrepresentation in an application."