Can The Person At The DMV Be Wrong

Issues with Getting Answers from the DMV
We hear a lot from our customers that they’re having trouble getting good answers from their local DMV. A lot of times, we hear that they called the DMV or went in person to the DMV, and they told them something they could do—”Hey, if you do this, you’ll be able to get a title.” And they do that, and they find out later when they go back, “No, that didn’t work. You have to do something else.” Why is that? Is the DMV trying to mislead you? Well, they’re not really. It’s just that sometimes, for more difficult or complex title issues, the DMV employee you talked to initially may not know the right answer.

Lack of Training Among DMV Employees
A lot of times, the DMV employees are not necessarily trained on all the possible scenarios, so they might just give a guess or something they think is right. And then when you come back, they look it up, and it’s wrong. We deal with the DMV 80–90 times per day, and a lot of times what they tell you is incorrect. Again, not intentionally misleading—it’s just sometimes vague information.

Access to Expert Consultation
You have access to live one-on-one consultation and the undivided attention of a licensed certified expert in this subject and many others. We want to listen to your story. We want to hear your questions and give you expert advisement of your options. We want to tell you what we know about your situation and what options you have.

DMV Offices Closing Due to Non-Compliance
The offices that are actually being closed down because of non-compliance—sometimes these offices are doing things so bad that the main office for the DMV has to shut them down. This happened in Texas, and this one county was closed by the DMV for non-compliance. They had to go through some training so they learn better. And it’s not a one-off—it’s an ongoing trend of violating their rules and statutes.

The Importance of Getting Information in Writing
Don’t be surprised if you go to the DMV and might not want to take what they say at face value. Maybe get it in writing. We recommend if they tell you you can do something, have them give it to you in writing so that if you go back later and they tell you something different, you can say, “No, I have it right here.” Or look up the statute yourself to know what the rules are. Or get some third-party verification of the procedure you can use to get a vehicle title so you don’t get stuck with a car that you can’t get a title for.

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Why Is It So Hard To Get A Title From The DMV?

Waiting in Line at the DMV
So do you hate the DMV? Well, imagine these people waiting in line at 2 a.m. Waiting in line over one hundred people. This is in Broward County, Florida. This was posted on social media—pictures of these people just sitting, waiting in the dark to try to get the DMV to get a title, to get a registration, to get a license. And it says in this caption they only accept the first 50 people, and there are over 100 people in this line. So anything you can do to avoid waiting in line.

Alternatives to Visiting the DMV
The DMV is good. Try to do it by mail. Try to do it online. Try to do it maybe with a service. But if you’re looking to get something at the DMV, going in person, waiting in line is the last thing you want to do.

Challenges with Contacting the DMV
And as you probably already found out, you’re not going to get anybody on the phone when you call them. So don’t try to call them up either because they don’t have customer service at the DMV.

Considering Other Options
So this is just another example of why the DMV is tough to deal with and why you might want to look at alternatives to going down in person and torturing yourself with all the people at 2 a.m. in the morning.

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Should You File A Lien or An Abandoned Vehicle?

How to File for a Mechanic’s Lien on an Abandoned Vehicle
Well, first of all, it’s very important to distinguish between a mechanic’s lien and an abandoned vehicle. Because abandoned vehicles have a lot of limitations on what you can do. In most cases, the vehicle that you’re trying to get a title for really is not abandoned. Because if you call it abandoned, you’re probably going to lose out on what you’re trying to do with your title.

Example from Maryland
We’ll talk about that as an example. We’re going to take a look at a specific state. Happens to be Maryland and how they address mechanic’s liens and how you get titles and what you can and can’t do. Remember, we do have a service where if you want assistance with this mechanic’s lien vehicle title process, you can access that on our website. And we can give you more information either as instructions or we could do it for you. Or we can even do consultation.

Maryland Department of Transportation Motor Vehicle Administration
First, we’re going to look at Maryland Department of Transportation Motor Vehicle Administration entitling a vehicle with a mechanic’s lien.

Federal Guidelines for Mechanic’s Liens
Remember, this is just one state. But most states have about the same rules. And the reason we selected this one to give you as an example, even if you’re not in Maryland, the chances of you being in Maryland are very slim. Because it’s the smallest state in the country. And there’s 50 states. So you’re probably not in Maryland. But the rules here are probably very similar or the same as your state. Why is that? Most states use the federal guidelines for mechanic’s liens and abandoned vehicles.

What is a Mechanic’s Lien?
So what is a mechanic’s lien? You can put it against a vehicle by a repair or storage facility if the owner fails to pay the repair bill and leaves the vehicle in the custody of the facility. Now, think about that. This is not abandoned. They intentionally gave it to you in your custody for an extended period of time.

Selling the Vehicle
After taking the action required to establish a lien, the facility can then sell the vehicle to recoup the money owed to you. That sounds like what you want to do. Don’t be scared by what it says here that sell the vehicle at a public auction. It’s not like you have to bring it to some auction and let them auction it off. You hold the vehicle on your premises. You just give the public notice that they can come offer you a bid. You don’t have to take their bids. You could put your own bid in and beat everybody. It’s not like you have to pay anybody money. The money’s going right to you. You just have to at least let the public offer you something for it.

Rules for Obtaining a Mechanic’s Lien
What are the rules for obtaining a mechanic’s lien? Remember, this is a brief overview. But it does give you some insight into how it works. All of the following must be true before you can establish a mechanic’s lien. Notice the first word “all.” You have to have all of these true.

Charges and Repair Authorization
Charges for the vehicle or vehicle repairs must go unpaid for at least 30 days. Meaning that you can’t just jump the gun and file it 2 days after the guy dropped off the car. You have to wait a month. Charges must be supported by a repair authorization. What does that mean? You have to have a completed repair order authorized by the vehicle owner, including a detailed description of the work performed. So you can’t just make stuff up. You have to have it in writing and the owner has to sign it before you do the work.

Other Options
If you don’t have that or don’t meet any of these other criteria, there’s other ways you can get a title. Our website will give you what’s called a civil lien or a court order title or a bonded title. There’s other things you can do. So if you don’t meet these criteria, don’t worry. You can do other things. And sometimes the other things are actually easier.

Storage Fees
If you want to charge storage fees, you have to have a storage contract. You can’t just make up storage fees out of the blue and say I’m charging you $20 a day. Can’t do it. You have to have it in writing and signed.

Abandoned Vehicles
A vehicle that has been abandoned does not qualify for a mechanic’s lien. So don’t start calling these vehicles abandoned.

Contacting the Police
What happens if the vehicle’s abandoned? The local police department should be contacted.

Steps to Establish a Mechanic’s Lien
How do I establish a mechanic’s lien? At least 10 days prior to the planned auction date, you have to send a notification letter by registered mail to all the persons listed below.

Notification Details
The owner of the vehicle. The person who left the vehicle if it’s different than the owner. So if the vehicle’s owned by Joe Smith and Sally Smith dropped it off, you have to send a letter to each of those people.

Security Interest Holders
You have to send a letter to all holders of a security interest. What does that mean? That means lien holders. So if the vehicle has a lien holder, you have to send them a notice. And you have to send a notice to basically the DMV, the government authority.

Content of the Notification Letter
What has to be in that letter? The VIN number, year and make. A list of all the charges owed to you. So you have to have a breakdown of what the fees are that you’re claiming. Letting people know it’s going to be auctioned and the date and time of that auction.

Newspaper Advertisement
What you also have to do is you must also place a notice in the newspaper. And it’s very specific how you have to do it.

Correcting Errors in Advertisement
If the newspaper advertisement is incorrect, meaning you don’t wait the number of days, you do it too soon, too late, you must re-advertise and again send the certified letters out again.

Auction and Title
Then you hold your auction and you get your title.

Downsides and Limitations
What are the downsides? The downsides are, first of all, if you’re not a licensed repair facility, you can’t do this. You can’t just fix cars in your backyard and do mechanic’s lien because you’re an illegal mechanic to begin with. You can’t make up storage fees out of the blue. You also can’t wait too long. Most states have a rule that says you have to do this within six or eight or ten months. If you’ve been sitting on a car for 10 years, you can’t do a mechanic’s lien.

Alternative Titles
Most of the time if you’ve been sitting on a car more than two or three years, you’re out of luck for mechanic’s lien. But there’s other things you could do that still get you a title. And a lot of times those other things are better than a mechanic’s lien. Like a civil lien or court order title or bonded title or VT transfer.

Importance of Legitimacy
Mechanic’s lien is a powerful tool to get a title for a vehicle that has other problems. However, don’t do a fake mechanic’s lien if a person really did not bring their car in for repairs. You don’t have a signed repair order. Don’t start making stuff up because what’ll happen is that owner of the vehicle after you get your title is going to get a letter saying hey, we noticed that your vehicle was transferred away from you doing a mechanic’s lien.

Consequences of Fraud
Did you sign a repair order? Did you bring your car in for work? They’re going to audit the mechanic’s lien. If they find out that you filed a fake mechanic’s lien, they’re going to revoke your title and they’re going to do enforcement action against you. You may not think it’s a big deal but the state licensing authority, they do know that people use this improperly to get titles when they’re not supposed to.

Consultation and Assistance
So make sure you’re doing it the right way. Make sure you’re all legit, eyes dotted, tees crossed. If there’s any question that the mechanic’s lien might not be the way to go, then do a civil lien. Do a court order title. Do a bonded title. It’s way better in terms of how it works out for you. If you do have more questions about how to run one of these, how to do the paperwork or you just want us to do it for you, click the link below.

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How Scammers Are Doing Fake Car Titles

Sophisticated Car Title Scams
Car title scams are getting much, much more sophisticated. Be very wary if you’re purchasing a used vehicle from a private seller like on Craigslist or Facebook. Scammers are using new techniques to sell a car four or five times over, collecting the same money from different people for one car without facing consequences.

The Colorado and Texas Case
Here’s how this one worked, and this is becoming more common. The victim was from Colorado, and the vehicle was sold in Texas. The scammer put a car on Facebook Marketplace, where many private sales take place. The buyer flew from Colorado to Houston, met a real person, got the title, and paid cash for the truck. The seller only had one key fob, which seemed like no big deal since people often lose keys.

Issues at the Recorder’s Office
The buyer went to the recorder’s office in their county in Colorado to get the title transferred, but the recorder said something seemed off about the title. The VIN numbers on the vehicle—in the doors, on the dash, and under the hood—all matched the title. The name on the title came back to a real person, and the license plates matched. However, a detective noticed the title had been washed.

What is a Washed Title?
When a title is washed, a person uses chemicals to remove some of the letters and numbers and types in new ones. In this case, the title was actually for a different vehicle. The VIN number was altered to match the vehicle sold, but the actual vehicle was a parts-only car, a recovered theft. To make matters worse, a tracking device was hidden on the truck.

Tracking Devices and Repeated Sales
The tracking device allowed the scammer to track the vehicle, return to the buyer’s driveway, and steal the car to resell it again with another fake title. The buyer couldn’t report it stolen because they never had the car registered in their name. This scheme allows scammers to keep reselling the same vehicle repeatedly while collecting money.

Protect Yourself When Buying a Used Car
When buying a vehicle from a private seller, always perform your due diligence. Have the title checked out by the DMV and ask the police to inspect the vehicle in person. Some sellers may resist, saying they’ll find another buyer. That’s fine—find another car. There are plenty of cars for sale.

Avoid Transactions Without a Title
Never buy a used car without getting a legitimate title at the time of purchase. If the seller promises to send the title later, apply for a duplicate, or rely on a bill of sale, don’t proceed. Without a legitimate title, you might never get the vehicle registered, no matter how much you paid.

Risks of Title Issues
If a vehicle is stolen, has liens, or is a parts-only car, you’ll lose your money and won’t get a title. Even if you have a bill of sale or insurance, some vehicles are simply ineligible for a title due to their VIN history. Carfax and VIN checkers are not foolproof; they are consumer-level tools and cannot replace checks by the police, DMV, or NMVTIS.

The Importance of Government Checks
You need to check three government sources to confirm a vehicle’s legitimacy: police for stolen vehicles, the DMV for liens, and NMVTIS for salvage status. If the vehicle isn’t legitimate, you won’t get a title. Though this issue affects 20-30% of transactions, losing tens of thousands of dollars isn’t worth the risk.

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Overlooked Problems With Vehicle Titles

Parking Violations and Tow Impoundments So you parked in the wrong place, you left your car blocking a fire hydrant, maybe you didn’t read the sign that says no parking is allowed in this parking lot, and your car got towed. No big deal, right? You just go down, pay a fine, and get your car back. Well, you have to be very careful because, in many states, you are required to prove ownership of the vehicle before it can be released to you. If you do not have your car title, your car could stay impounded and could be sold very quickly.

Risk of Losing Your Car Drivers risk losing cars forever under a 100e law that allows towed vehicles to be sold days after they’re impounded within a 15-day time scale. Some states and municipalities have a rule that says if the car is not picked up and paid for within a week or two, sometimes a month, they can auction off your car and sell it. You lose your car, and the paperwork requirements to get your car out might be something you can’t do quickly, which is why it’s very important to always keep track of where your car title is located.

Importance of Regularly Checking Your Car Title Check it every year at least, maybe every six months. Is it in your file cabinet? Is it in a safe deposit box? Is it in an envelope? Here’s the reason why: your vehicle registration, you renew every year. Every year you get something in the mail saying your registration is expired. Pay the fee, show your insurance, and you get a new registration and a sticker for your license plate. Good to go. So, it’s a regular reminder. A vehicle title doesn’t have to be renewed. It’s a document that is printed and issued to you one time when you buy the car, and that’s it. If you lose it, you may not know about it until you need it for something, and if the reason you need it is because your car is going to be sold in a week, it might take you longer than a week to get your title. So, always make sure you know where it is.

Issues with Not Transferring the Car Title Also, very, very important: if you’ve purchased a vehicle and never transferred the title to your name—let’s say you bought a car on Craigslist, the person signed the back of the title, they gave it to you, and you never put it in your name, you just left the title signed to you in the drawer—that’s even worse because you can’t get another title.

Getting a Duplicate Title When It’s Not in Your Name You can’t request a duplicate because it’s not in your name. So, even though you might be saying, “Well, I don’t want to pay the fees, it’s no big deal,” if you have a car, make sure you get that title in your name as soon as you can. If you lose it or it gets damaged, or you spill coffee on it, you’re going to have a problem, especially if the car gets towed or is in an accident. Sometimes people crash their car, and the insurance company needs the title to pay your claim. If you don’t have it, you could be out of luck. So, checking your title on a regular basis is a good thing. If you’ve lost it, get a duplicate.

The Process After Paying Off a Loan on Your Car Here’s the other thing: if you have a loan on the vehicle and you pay off that loan—you buy a car at a dealership, you have a 48-month loan, you pay your payments, you pay your last payment, send it in—what happens to the title from the lender, from the bank? They take the title that they have (because banks hold your title while you have a loan). You pay your last payment, they take that title out of their file cabinet, they sign it, stamp it “paid,” and they mail it to you. You think, “Well, I have my title,” but you really don’t because that loan, that lien on the title, that cloud on title is still registered at the DMV, at the state title office. The only evidence that it’s been paid is what is signed on that title. The banks normally don’t notify the government that you paid off your loan; they just tell you.

Handling a Lien on the Title Now, if you lose that title, you have to go to the government, the DMV, Department of Transportation, or whatever agency in your state issues titles. Then you tell them, “Hey, I need to get a replacement title.” They pull it up on the screen: “No, you have a loan on your car.” Now, you have to go back and chase it down. Maybe the lender’s out of business, maybe they moved, maybe they just don’t have a department that can help you. Now you’re stuck. So, as soon as you get that title with that lien signed off, take it to DMV, have them remove that lien from your title record so you don’t have to worry about a duplicate title in the future. A vehicle title is a very important legal document. Make sure you have it properly recorded in your name, make sure the liens are removed, and make sure you know where it is at all times in case you need it at a moment’s notice.

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