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Car Titles Articles

Title-Holding vs. Non-Title-Holding States

What happens to your car title when it’s financed? Well, this entirely depends on whether or not you live in a title-holding state or a non-title-holding state.

What is a title-holding state vs. a non-title-holding state?

Title-holding state: A title-holding state will send the vehicle title with the owner’s name and lienholder’s name directly to the vehicle owner to hold until the loan is paid off.

Non-title-holding state: A non-title-holding state means that this particular state requires that the lienholder hold the title until the loan is paid off. Most states in the US are non-title-holding states.

What states are non-title-holding states?

There are currently 41 non-title-holding states:

Alabama Idaho New Hampshire Tennessee
Alaska Illinois New Jersey Texas
Arizona Indiana New Mexico Utah
Arkansas Iowa North Carolina Vermont
California Kansas North Dakota Virginia
Colorado Louisiana Ohio Washington
Connecticut Maine Oregon West Virginia
Delaware Massachusetts Pennsylvania Wisconsin
Florida Mississippi Rhode Island
Georgia Nebraska South Carolina
Hawaii Nevada South Dakota

What states are title-holding states?

There are currently 9 title-holding states:

Kentucky Minnesota New York
Maryland Missouri Oklahoma
Michigan Montana Wyoming

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For as little as $269 for most processes, we will save you the headache and prepare all of the car title paperwork needed to get you a new title. Simply choose the title recovery method you’d like to use and we’ll get started!

Can A Mechanic Get A Title For A Car?

Are you a licensed mechanic looking to get a title for a car that was left behind by its owner? If so, you may be eligible to file a mechanic’s lien to get a title. However, it’s not as straightforward as filing a mechanic’s lien and getting a title. How can a mechanic get a title for a car?

What is a mechanic’s lien?

A mechanic’s lien is a legal right that attaches to real property (in this case, the property being the vehicle) and protects mechanics who have done work on a car. Mechanics are able to file liens against cars after they have performed repairs/repairs on them because they have been damaged by the owner. The purpose of this law is to prevent mechanics from having their work go unpaid by people who abandon their cars before paying for repairs.

How does the mechanic’s lien process work?

The mechanic’s lien process is a legal process available in every state. Once all filings and contacts have been completed, the final steps of the process include selling the vehicle at a public auction. It is at this point that the mechanic can also bid on the vehicle, purchase it, and get a new title. As an example, take a look at how to get a mechanic’s lien in Kentucky.

Kentucky mechanic’s lien example

Eligibility

In order to be eligible for a mechanic’s lien in Kentucky, a vehicle or vessel must be in the possession of a person engaged in the business of selling, repairing, or furnishing parts for vehicles and the owner of that vehicle owes that person charges for repairs, labor, or supplies for more than 30 days. Once the vehicle or vessel has met this criterion, it may be sold at auction in order to pay for the accrued charges.

Contact and public notice

Before the sale can proceed, you must make all reasonable attempts to contact the registered owner and any security interests such as lienholders. This information must come from a title search to ensure the proper parties are contacted according to the DMV’s records. This contact must be made through certified mail to notify the owner and lienholder of the proposed sale. This initial notice of sale must be sent at least ten days prior to the proposed sale date. Be sure to keep all certified mail receipts as they will be needed when applying for a title.

In addition to the notice, you must also advertise the sale in the local newspaper once a week for three consecutive weeks. The advertisement must include the year, make, model, VIN, name of the owner(s), name of the lienholder(s), and the name, address, and phone number of your automotive shop.

Public auction

Once all notification requirements have been completed, you can proceed with the sale. The sale may be made to an outside buyer, or your shop may also bid on the vehicle. In compliance with Kentucky statutes above (KRS.376.270, KRS 376.280, and KRS 424.130), the purchaser of a vehicle sold under a mechanic’s lien must provide the following documents when applying for a vehicle title:

  • Affidavit of Motor Vehicle Sale (TC96-159) completed by the seller
  • Bill of sale from the seller on the autobody shop’s letterhead (KRS 186.200)
  • Kentucky Application for Title and Registration (TC96-182)
  • Affidavit of newspaper advertisement publication & copy of the advertisement
  • All certified mail receipts (green or white slip) and the return receipt (green slip) from the owner(s) and the lienholder(s)
  • Sheriff’s inspection if the vehicle was last registered outside of Kentucky

The mechanic’s lien process is a very powerful legal tool for licensed mechanics to recoup their losses when a bill goes unpaid. A mechanic can, in fact, get a title for a car, but they must follow the steps of the process and purchase it from the public auction as anyone else would. The benefits of filing a mechanic’s lien are immense for mechanics. Before filing, make sure you know your state’s process so you can get the payday or the car you’ve been waiting for.

Want a CarTitles.com professional to do it for you?

For as little as $159 for most processes, we will save you the headache and prepare all of the car title paperwork needed to get you a new title. Simply choose the title recovery method you’d like to use and we’ll get started!

Select your title recovery method:

Order Vermont Title LoopholeOrder Deceased Owner Title TransferOrder Bonded Title ProcessOrder Abandoned Vehicle ProcessOrder Prior Owner ContactOrder Lien Release Request Letter

6 Tips For Selling A Car As A Private Owner

Selling a vehicle is simple, but it’s also a legal transfer of an asset. If you’re selling a vehicle, it’s important to know how to properly transfer the title. Knowing how to properly transfer the vehicle title is important when it comes to protecting yourself, as well as your vehicle’s next owner.

Tip #1: Do not sell a vehicle without a title

In most states, it’s illegal to sell or transfer ownership of a car without having a title that proves the seller is the legal owner of the vehicle. Selling a car without a title is considered fraud and can result in heavy fines and penalties. If you’re found guilty of selling a vehicle without a title, you may face jail time and hefty fines.

To avoid running afoul of local laws, make sure to get a title before selling your vehicle. The steps for getting a title for your car vary by state. However, you’ll need to apply for a duplicate title if the old one is lost or damaged. The only valid title is the original and undamaged certificate of title.

When applying for a duplicate title, you’ll likely need to provide proof of identity and insurance as well as other documentation depending on your state’s laws as well as pay a fee. Only the last titled owner of the vehicle is eligible to obtain a duplicate title. If you were not the last titled owner, you may need to obtain a title through a different method of title recovery. 

Tip #2: Go to the DMV with your buyer when they transfer the title

Go to the DMV with your buyer when they transfer the title. If they don’t switch it over right away, it could create problems for you later because you’re still the legally titled owner. Your name and address are on that title and now that’s information they have access to. They may commit a crime in the vehicle and leave it, if your name is connected to the VIN, you’re going to be questioned. Or maybe they rack up traffic tickets that end up being attached to your license because you’re still the owner of the vehicle.

Tip #3: Get a vehicle lien release

If you have a lien on your vehicle, you must get a vehicle lien release prior to transferring the title. If you have a lien on the title, you are not the title holder and are not authorized to transfer ownership. Selling a vehicle with a lien will create problems for the buyer. 

Tip #4: Take a photocopy of the title signed over

When selling a vehicle, take a photocopy of the title signed over and a copy of the buyer’s identification. You cannot use this to get a title in the future; only the original title is valid for this purpose. However, having made a photocopy, you have evidence that at some point you sold the vehicle, even though you are still shown as the titleholder.

Tip #5: Provide a bill of sale

To prove that the transaction took place, you’ll need to provide the seller with a bill of sale. The bill of sale is absolutely necessary, but it’s only a receipt and is not enough evidence to obtain a title on its own. For more tips, check out our article How to Write a Bill of Sale.

Tip #6: Make sure the titleholder is the one to sign the title

This occurs more frequently than you may think. Oftentimes the primary vehicle driver and the vehicle titleholder are not the same people, they may be a family member or spouse. Make sure that the person signing the title transfer is the prior owner. If there is more than one name listed on the title, everyone must sign the title transfer. The only person authorized to transfer ownership of the vehicle is the person or people listed on the title.

Selling a vehicle is a simple process, but it’s also a legal process, it’s a legal transfer of assets. You should make all efforts to make sure the title transfer is done correctly so it doesn’t come back to haunt you or cause problems for your buyer down the road.

Want a CarTitles.com professional to do it for you?

For as little as $159 for most processes, we will save you the headache and prepare all of the car title paperwork needed to get you a new title. Simply choose the title recovery method you’d like to use and we’ll get started!

Select your title recovery method:

Order Vermont Title LoopholeOrder Deceased Owner Title TransferOrder Bonded Title ProcessOrder Abandoned Vehicle ProcessOrder Prior Owner ContactOrder Lien Release Request Letter

How Do You File For A Lost Title That’s Not In Your Name?

When you need to get a new vehicle title, you’ll need to file for a lost title or use a method of title recovery. The vehicle title is the most important document in relation to a vehicle and proves legal proof of ownership. But what if the title wasn’t in your name? How do you get a new one or file for a lost title?

What is a lost title?

A lost title is also more commonly known as a duplicate title or a replacement title. A lost title is a vehicle title that was previously titled in your name, but the certificate has been lost, damaged, destroyed, or stolen. A lost title or duplicate title process requires that the individual applying for the title must be the registered owner in the DMV database. If you were not the last titled owner, you are not eligible for a duplicate or replacement title.

How to get a replacement title if the last title was not in your name

If the title you’re applying for was not last issued in your name, you will not be able to obtain a duplicate title. Instead, there are multiple different options for title recovery that may fit your situation.

What is title recovery?

Title recovery is necessary when you have come into possession of a vehicle and did not receive a vehicle title at the time of purchase or lost the title before it could be transferred to your name. Title recovery uses legal methods allowed by the DMV in your state to get a new title for you in your name when you are lacking sufficient evidence of ownership. Each state determines the title recovery methods that are allowed by law.

The title recovery method that is best for your vehicle situation will depend on the following factors:

  1. Vehicle model year
  2. State of residence
  3. The evidence of ownership you currently have (bill of sale, court order, etc.)

5 most common methods of title recovery

Vermont Title Loophole

  • The Vermont title loophole is a popular title recovery method used by out-of-state residents to obtain a vehicle title for vehicles model 15 years old or older using a bill of sale. Vermont is a non-titling jurisdiction, meaning the state does not produce titles for vehicle models older than 15 years old. However, these vehicles will receive a vehicle registration which in Vermont is equivalent to a vehicle certificate of title. After receiving this title equivalent, out-of-state residents can use the registration as evidence of ownership to transfer to a title in their state.

Bonded Title

  • A bonded title is a method of title recovery that requires you to obtain a surety bond, also known as a vehicle title bond, to secure ownership of the vehicle. The surety bond serves as collateral in the event that there is a discrepancy in the claim of ownership. Not every state allows for bonded titles. If your state does not accept bonded titles, you may be eligible for a bonded title through Vermont.

Prior Owner Contact

  • If you are able to contact the prior owner of your vehicle, you can request they apply for a duplicate title and transfer it to you. If you know the prior owner, this would be a direct way to obtain a new title, as long as they’re willing to cooperate. The prior owner is not required to obtain a duplicate title and sign it over to you, but it would be a good idea for them if they did. By not signing over the vehicle title, the prior owner is still on the hook for any legalities that happen to the vehicle.

Deceased Owner Title Transfer

  • If the last titled owner of your vehicle is now deceased, each state has a process to transfer the title from a deceased owner. However, in most cases, the applicant will need to prove familial relationship to the vehicle owner or have affidavits signed by living heirs to the estate.

Court-ordered title

  • A court-ordered title may be a valuable alternative to an abandoned vehicle process. A court-ordered title can be applied for by filing a court case with your local county or circuit court to declare you as the vehicle owner. This is often the last resort title recovery method, but it is a great choice if you are missing most or all of the ownership paperwork. This is not legal advice, before using this method, be sure to obtain good legal advice for success in your county and state.

Want a CarTitles.com professional to do it for you?

For as little as $269 for most processes, we will save you the headache and prepare all of the car title paperwork needed to get you a new title. Simply choose the title recovery method you’d like to use and we’ll get started!

Select your title recovery method:

Order Vermont Title LoopholeOrder Deceased Owner Title TransferOrder Bonded Title ProcessOrder Abandoned Vehicle ProcessOrder Prior Owner ContactOrder Lien Release Request Letter

The Harsh Reality Behind The Vermont Title “Loophole”

Hello, and welcome back. Today, let’s delve into a topic that has been a subject of discussion and controversy for over a decade – the Vermont Registration Loophole. Often referred to as the Vermont Title Loophole, this process has sparked curiosity, confusion, and, at times, legal concerns. In this discussion, we’ll explore how this loophole operates, its historical context, and crucial considerations for those contemplating its use.

Understanding the Vermont Registration Loophole:

  1. The Basics of the Process:
    • The Vermont Registration Loophole involves applying by mail to the state of Vermont to obtain a registration – not a title. Individuals often use this Vermont registration as proof of ownership to secure a title in their home state.
  2. Potential Legal Implications:
    • It’s essential to understand that while obtaining a Vermont registration is a legitimate process, its usage is where legal concerns may arise. Not all states may readily accept this registration, and misconceptions about its purpose could lead to complications.
  3. State-by-State Variability:
    • Each state has its own regulations and policies regarding out-of-state registrations. Some may readily accept Vermont registrations, while others may scrutinize or reject them. Individuals must familiarize themselves with their state’s statutes to navigate potential challenges.

Realities and Risks:

  1. Revocation by Vermont:
    • Vermont retains the authority to revoke this registration process at any time. Individuals must be aware that the process’s longevity is not guaranteed, and they should stay informed about any policy changes.
  2. State Reactions:
    • Over the years, some states have expressed reservations or outright disapproval of Vermont registrations. Instances of certain states refusing to accept these registrations have been reported. It’s crucial to be cognizant of your state’s stance on this process.

Cautions and Considerations:

  1. Avoiding Misuse:
    • Misusing the Vermont Registration Loophole, such as attempting to evade taxes or inspections, is not its intended purpose. Individuals should use this process within the bounds of the law and avoid any activities that may be construed as illegal.
  2. Consult Legal Advice:
    • If uncertainties persist, seeking legal advice is prudent. Attorneys can provide guidance on proper usage and potential legal implications, ensuring individuals don’t inadvertently engage in unlawful practices.
  3. Explore Alternatives:
    • While the Vermont Registration Loophole is one avenue, there are alternative methods for obtaining titles, such as bonded titles, court orders, or prior owner contact. Individuals should assess all available options and choose the one that aligns with their intentions and legal obligations.

The Vermont Registration Loophole is a nuanced process that demands careful consideration and adherence to legal parameters. It is not a shortcut to circumvent laws or obligations associated with vehicle ownership. Individuals contemplating its use should be well-informed, understand their state’s stance, and ensure they are utilizing this process within legal boundaries.

For those interested in exploring this process or other title acquisition methods, we recommend thorough research and responsible decision-making. Remember, a title is a significant government document, and its acquisition should be approached with integrity and adherence to the law.

If you have further questions or need assistance with title-related matters, feel free to reach out. We are here to provide information and guidance to help you navigate the complexities of vehicle ownership and titling responsibly.

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