Will My Shed Get Repossessed ?

I bought a 10x16 outdoor shed from an individual, we’ll call her Jan, in NC on 12/2024 for $3500 + $700 shed moving fee. Jan told me it was completely paid off. I tried to pay with Zelle, but when i found out the daily transaction limit was $500 I ended up paying her in cash. (I know, I know, big mistake in hindsight!)

Last week a tow truck company showed up to repossess the shed, stating it was NOT paid off and she was in arrears. I was very nice to the tow truck guy, we’ll call him Billy, and he was very nice with me. He said Jan has been dodging the shed company’s attempts to contact her, but she answered my phone call… only to hang up when I put it on speakerphone and Billy started talking. (She spoke to me but when he started speaking she said, “hello? Hello? I can’t hear you,” and hung up.)

Billy was very sympathetic and said he knew immediately what was going on - I’d been scammed. We spoke to several representatives at the company which sold Jan the shed. Discussions ranged from the first rep saying, “doesn’t matter, tough luck for her, just take the shed,” to another lady working up what I could pay to keep the shed ($3500 cash on the spot, or take over her payments of $267 per month for 30 months). I asked for a week to consider my options and possibly get a lawyer. I’m pretty sure Billy could have loaded the shed with his trailer & mule, but he told the company that he wasn’t sure his mule was quite big enough given the terrain, and suggested someone with a larger mule try again next week.

I also called the police out to make a report, however as I bought the shed in a different county than my own, they stated I would need to contact the sheriff for the county where I purchased the shed in to see if they would file felony criminal charges of “obtaining property by false pretenses“. They also suggested I could file a civil process through small claims court to try to get my money back. The shed remains on my property at this time.

I have looked into filing paperwork for small claims court in Jan’s county, however it looks like I can choose to file in either my or her county. I am aware that it costs to file in small claims court, and even if I win she might not pay. Considerations: it would be easier for me to file paperwork and get to court in my own county, but she would need to be served a summons to appear in court. I don’t know if my county sheriff would be willing to drive 50 minutes to serve her. ??

I did contact her county’s police department to see if they can go after her for the felony criminal offense, but the police officer who started the case said he would have to contact the DA to see if it’s worth pursuing. Of note, he’s also out of work all next week, so that’s part will take some time to resolve.

The shed company did give me a week to consider my options, but since then have been hounding me to decide between 3 options: take over her payments, pay for the shed upfront, or allow the shed to be repossessed. The police officers were quite clear that I should NOT make any payment on the shed until I decide what to do. I requested a copy of the contract Jan signed with the company to review the conditions, and updated them on filing civilly & criminally. They replied with:

“I am unable to provide the contract because it contains customer information and it would be against or FDIC policy. You are more than welcome to pursue legal action with Jan. However, I do need to know if you would like to assume the lease, payoff the account or us retrieve the building. Unfortunately, even though our customer did something they are not supposed to do, the responsibility would fall to you since you have possession of the building.”

I replied with, “As it stands, you have provided me no proof that Jan did not fully pay for the shed, or that the shed in fact belongs to your company. She stated that the shed was paid for in full. I have a shed that I have paid for, with physical proof of payment, which will remain on my private property unless and until you provide the requested proof of ownership. I do not have a signed contract with your company, and I do not grant you access to my property or any real estate or belongings on my private property, nor do I grant your company or your company's agents access onto my private property to retrieve any disputed property.

I have spoken with legal counsel and would request that you provide some type of proof perfecting any ownership interest that you claim in order to further evaluate my options (is there a previously filed UCC?). Absent that, I paid in full, I own it, and it’s on my property with my possessions inside where it will remain.“

I did a UCC search on my state’s website and there is no UCC filed on the shed to secure Jan’s loan. So it seems the property is not perfectly protected, and therefore the collateral (shed) is not secured.

I put up 3 “No Trespassing, Private Property” signs on my property (one at the street level, one on the building’s door, and one on a fence). I have erected a 6’ white vinyl fence that wraps almost all the way around two sides of the shed and my house serves as the third “wall”. This week I will be adding cement from the base of the shed to the ground so that no one could get a mule up under the shed’s cinder blocks.

I would appreciate any guidance on keeping the shed at my home and hopefully getting the shed company to go after Jan instead of me. If not, hopefully getting them to take any settlement I get from her in small claims court. I’ve been living in fear that I’ll wake up one day and my shed will be gone. I cleaned out all of the possessions that I can, but I’ve already invested money in painting it, putting in laminate flooring, buying bricks & cement for the base, etc.

What rights do the rental company or their tow truck drivers have to come on my property and retrieve the shed? Billy was telling me how he pretty much had carte blanch to go on owner’s property, cut down fences, remove obstacles, etc as long as he didn’t “breach the peace” to obtain it. However, I am not the one who signed a contract with the shed company. I have been keeping an eye out for tow trucks or anyone casing the shed, and I am fine asking them to leave my property and creating a scene to disturb the peace. But the location of my front door would make it extremely easy for a tow truck driver to get in & out of my yard, and remove the shed without me seeing. I am living in fear that I’ll wake up and the shed will be gone. I don’t feel safe using my shed for the intended purpose of storing stuff because I’m afraid they’ll sneak in during the cover of night/early morning and snatch it! Any guidance or help would be greatly appreciated! ???????? I am disabled and do not have more money to throw at this, or else I would a) hire an attorney or b) suck it up and buy the shed outright.