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Car Titles Articles

What Is Curb Stoning?

Why is it important to verify who you’re purchasing a used vehicle from? There are a lot of what’s called unlicensed dealers or curb stoners out there that are buying and selling cars over the internet. It’s a lot easier to do now than it used to be. curb stoners historically get their name because they used to have to sell cars from the curb. As an unlicensed dealer, they didn’t have a dealer lot or showroom to sell from. As a result, they would just have cars at their house on the curb. They would put an ad in the classifieds in newspapers, and sell these cars directly from the curb. 

Why is curb stoning problematic?

First of all, an unlicensed dealer is against the law. It is illegal to sell vehicles without a dealer’s license. Second, an unlicensed dealer has no regulating authority overseeing their business practices or their inventory. Without outside oversight to hold the “dealer” accountable, it’s highly probable that the vehicles for sale will have a variety of issues such as odometer tampering, certificate of destruction title, prior theft, or mechanical problems.

What is odometer tampering?

Odometer tampering is when a vehicle’s odometer is purposefully changed to reflect a lower mileage to increase the value of a vehicle. Odometer tampering is often found with curb stone vehicles due to the lack of regulatory oversight of each vehicle’s odometer. A dealer’s license is required to log the odometer of each vehicle on their lot, which is why it’s much less likely that a licensed dealership will have tampered with the odometer. Curb stoning is a state-level crime, while odometer tampering is a federal offense that carries hefty legal repercussions and possible incarceration. 

Protect yourself from curb stoning practices

Before purchasing a vehicle, investigate the dealer to ensure that they are properly licensed in your state. Most states require that to have a dealer’s license, you also have to have a physical location to sell your inventory. Call the dealership prior to visiting and ask about their licensing. Dealerships that are properly licensed have nothing to hide and will be more than happy to prove their status as a legal seller.

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Should I Buy A Vehicle With No Title?

The dilemma of whether to purchase a vehicle without a title is a common concern that we encounter daily, with 700 to 800 calls inundating our lines. Many individuals contemplate the risks and uncertainties associated with acquiring a vehicle without a valid title. It’s crucial to understand that, in most cases, we strongly advise against buying a vehicle without receiving a proper title at the time of sale.

Why the Hesitation? Unpredictability of Obtaining a Title

The primary reason for our caution is that there are numerous instances where obtaining a title for a vehicle without one becomes nearly impossible. Approximately 20 to 30% of the time, individuals who find themselves with a vehicle lacking a title encounter insurmountable obstacles in securing one.

Consumer-Grade VIN Checks Are Insufficient

It’s a common misconception that running a Carfax or a VIN check can unveil all potential issues with a vehicle’s title. However, these consumer-grade services are limited in their capabilities. They might not reveal crucial information, and the disclaimers at the bottom of Carfax reports explicitly state that certain data may be missing.

Reasons a Title Might Never Be Issued: Unveiling the Challenges

  1. Parts-Only or Junk Status:
    • Some vehicles may be labeled as “parts only” or “junk” in the official records, rendering them ineligible for a title.
  2. Existing Liens:
    • A recorded lien, even if paid off, can block the issuance of a title until the lien is officially cleared with the lien holder’s signature on a documented release.
  3. Third-Party Claims and Holds:
    • Auto shops or other third parties filing claims or holds on a vehicle can lead to title blocks until the claims are resolved.
  4. Deceased Owners:
    • If the vehicle’s owner is deceased, probate processes, unresolved claims, or lack of proper documentation can impede the title transfer.
  5. Prior Duplicate Title Applications:
    • If the previous owner attempted to apply for a duplicate title before the sale, it can create complications for the new owner.

DMV Procedures and the Complexity of Obtaining a Title

Attempting to secure a title without the original title in hand involves navigating through a series of challenging procedures. Some noteworthy points include:

  • Liens and Title Transfer:
    • Clearing a lien is only half the battle; the title must still be transferred into the new owner’s name.
  • Surety Bonds and Court Orders:
    • Some states may allow alternatives like surety bonds or court orders, but each method comes with its own complexities.
  • Deceased Owners and Probate:
    • Dealing with a deceased owner’s title involves intricate probate processes, potential claims, and the need for proper documentation.

The Difficulty Is by Design

It’s essential to recognize that obtaining a title for a vehicle without the original one is intentionally challenging. This safeguards the interests of both the prior and new owners. While it might be tempting to explore alternative routes, keep in mind that these often come with their own set of difficulties and annoyances.

Final Advice: Precautions for Future Purchases

If you haven’t yet made a purchase, our recommendation remains consistent: refrain from buying a vehicle without a title. If you’re already grappling with such a situation, remember that there are avenues to explore, but success is not guaranteed, and the process is intentionally arduous. Always approach such transactions with caution and awareness of the potential hurdles that may arise.

Should I Buy A Vehicle With No Title?

Every day, numerous individuals face the dilemma of whether to purchase a vehicle without a title. This decision is critical, and it’s strongly advised against. Here’s why:

1. Complex Title Issues:

  • Unpredictable Outcomes: In about 20-30% of cases, vehicles without titles never secure one. Even if a VIN check seems clean, consumer-grade checks like Carfax might not reveal crucial information.

2. Reasons You Might Never Get a Title:

  • Parts-Only or Junk Designation: Some vehicles are labeled as parts-only or junk, making them ineligible for a title.
  • Existing Liens: A reported lien, even if paid off, can block the issuance of a title until cleared by the lien holder.
  • Probate and Deceased Owners: If an owner is deceased, probate processes or unresolved claims can hinder title issuance.
  • Mechanics Liens: Auto shops can file liens for unpaid bills, preventing title issuance until the lien is cleared.
  • Prior Duplicate Titles: Previous attempts to get a duplicate title can result in holds, requiring resolution before obtaining a new title.

3. Online VIN Checks Are Limited:

  • Consumer-Grade Reports: Carfax and similar services offer consumer-grade reports but may not provide the comprehensive information available in official records.

4. Vehicle History Considerations:

  • Stolen Vehicles: Confirm the VIN’s cleanliness; stolen vehicles will not obtain a title.
  • Liens and Financial Claims: Check for liens and any financial claims on the vehicle.

5. Potential Holds and Claims:

  • Third-Party Claims: Any third-party claim, like a mechanics lien or probate, can put a hold on the title issuance.
  • Deceased Owners: If an owner is deceased, additional legal processes may be involved.

6. Difficulties in Obtaining a Title:

  • Varied Processes: Any alternative process to obtain a title will have its challenges, whether through surety bonds, court orders, or other methods.
  • Lengthy Procedures: Expect delays, expenses, and paperwork hurdles when trying to secure a title without the original.

7. Protective Measures:

  • DMV Procedures: DMV processes for title issuance without the original are intentionally stringent to protect both the prior and new owners.
  • Verification Requirements: Verification is vital for any claims, and the DMV relies on written evidence over verbal assurances.

8. Post-Purchase Challenges:

  • Owner Responsibility: If you proceed with a purchase without a title, you’ll likely face difficulties and obstacles throughout the title acquisition process.
  • No Guarantees: Even after overcoming hurdles, there’s no guarantee of a smooth title transfer or issuance.

Purchasing a vehicle without a title is fraught with risks and challenges. The DMV’s strict processes exist to protect all parties involved. If faced with such a situation, explore legal avenues, be prepared for potential setbacks, and consider seeking professional advice to navigate the complexities of obtaining a title.

How to Know if a Vehicle Title is Void

Many people who obtain a vehicle title wonder if the title will ever become void. A vehicle title is usually never voided, with few exceptions. This article will outline the most common reasons for a vehicle title to be void.

Damaged or mutilated titles

If the title is damaged or mutilated, it can’t be used as proof of ownership. The DMV will not accept any certificate of title that is not in pristine condition. This includes minor damages such as stray pen marks and corner rips.

Unsigned titles or open titles

An open title is a big problem. If you have a certificate of title in hand, but it wasn’t signed by the last seller, you may have a skipped title. A skipped title means that the ownership transfer process improperly skipped over a prior owner which voids the title.

Misspelling or misinformation in the application process

If you submitted your application for a title with spelling errors or incorrect information, this automatically voids your title certificate. All information on your application for a title should be double and triple-checked for accuracy before submitting it to the DMV.

If you’re still unsure of whether a vehicle document has been voided or not, get in touch with the appropriate office and speak to a representative. They’ll be able to let you know exactly what has happened—and whether or not there’s a possibility of retrieving your documents.

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What If I Find A Vehicle While Cleaning A Foreclosure Property?

Discovering a vehicle tucked away in an abandoned property, whether through a foreclosure or a cleanup task, might seem like stumbling upon a hidden treasure. However, the process of claiming ownership and obtaining a title for such a find is far from straightforward. In this episode, we delve into the intricacies of dealing with vehicles in abandoned properties, shedding light on the legal aspects involved.

Disclaimer: The information provided here is not legal advice, and consulting with an attorney is recommended for personalized guidance.

Vehicles and Real Estate Transfers: Separate Entities

Contrary to popular belief, vehicles do not automatically transfer ownership with real estate transactions. Whether you acquire a property through foreclosure or any other means, the vehicles on the premises remain distinct assets requiring separate legal procedures for title transfer.

Methods for Title Acquisition

When confronted with a vehicle found on a property you’ve acquired or are tasked to clean out, various methods can be employed to secure the title:

  1. Bonded Title:
    • Ideal when lacking paperwork or the previous title. Involves filing a surety bond and an affidavit.
  2. Magistrate Title:
    • A method where a magistrate determines ownership based on evidence provided.
  3. Prior Owner Contact:
    • Reaching out to the previous owner if possible and obtaining their cooperation in transferring the title.

It’s essential to note that each method comes with its own set of pros and cons, and the suitability may vary based on the circumstances.

Cleaning Out Foreclosed Properties: Documentation Matters

If you’re hired to clean out a foreclosed property and stumble upon a vehicle, the directive to keep what you find needs to be clearly documented. Verbal agreements are unlikely to suffice, and having a written agreement with the property owner or the entity that hired you is crucial.

Beware of the Term “Abandoned”

Using the term “abandoned” should be approached with caution. Declaring a vehicle abandoned without due process can lead to unintended consequences. In many states, calling a vehicle abandoned may result in surrendering it to the state for auction, making it crucial to avoid using this term unless fully aware of the legal implications.

Legal Advice: Your Best Companion

While this overview provides a general understanding, the complexity of title acquisition demands legal expertise. Consulting with an attorney experienced in vehicle titles ensures proper adherence to state laws and regulations. It’s advised to seek legal counsel before taking any action, as laws can vary, and a misstep might lead to unintended consequences.

Navigate with Caution

Uncovering a vehicle in an abandoned property presents an opportunity, but navigating the path to legal ownership requires caution and adherence to legal procedures. Whether you’re a property buyer, a cleanup professional, or an individual finding a vehicle in an unexpected place, understanding the legal intricacies is paramount to avoiding complications down the road.

For more detailed information and assistance, visit our website car titles.com.

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