Outlaw's owner can get his day in court to recover race car

By Stephen Betts | Feb 25, 2019
Courtesy of: Jacob Berry Outlaw

The state's highest court ruled last week that a lending company had not proven it seized the correct vehicle when it repossessed a race car in 2016.

Because of the Feb. 21 ruling by the Maine Supreme Judicial Court, a Winterport man, Jacob Berry, can take the company to court to recover his race car nicknamed "Outlaw."

The case stems from the the repossession of a 2016 Chevrolet Camaro by MaineStream Finance.

MaineStream seized that car in 2016 from Berry's uncle, Dwight Moody Jr. Two vehicles had been put up as collateral by Moody for a loan. However, Berry said the lending company took the Carmaro in error and he demanded its return. Berry said he is the owner of the Camaro, which he raced.

Attorney Aaron Fethke of Searsport, who represented Berry before the Maine Supreme Court, said Berry built "Outlaw," which is valued at $30,000.

"This is kind of crazy that something like this could happen," Fethke said.

Berry said he bought Outlaw in late October or early November of 2014, nearly two years after his uncle had taken out the loan and his uncle had used two other vehicles as collateral. His uncle sold those vehicles.

His uncle had been racing his car.

Berry said he cannot believe how a company such as MaineStream could make such an error. He pointed out he has the bill of sales for the car from another racer when he bought the vehicle. This was after his uncle had taken out the loan and used two separate vehicles as collateral.

The attorney said he hopes MaineStream Finance will simply turn over the car to its rightful owner and not go through a trial.

The initial case was heard in Waldo County District Court, where Judge Patricia Worth ruled in favor of the lending company.

The state's top justices, however, said the record in the case did not establish that "Outlaw" was one of the vehicles used as collateral, because evidence presented during the Waldo County court hearing did not provide any identifying information about the cars.

Berry contends the two vehicles Moody used as a collateral were 2012 and 2013 Chevrolet Impalas.

An email message was sent Thursday, Feb. 21, to MaineStream Finance attorney Ryan Dumais of Portland. No response was received.

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