An abandoned vehicle is one where the vehicle owner has dumped the vehicle with no intention of returning to claim it. Typically, if you know where the vehicle came from or who it belongs to, it’s not an abandoned vehicle. There are many ways to claim a vehicle that is abandoned on your property, the first thing to do is to avoid calling the vehicle abandoned. Depending on the jurisdiction, referring to the vehicle as abandoned to the DMV or law enforcement will automatically trigger the removal and disposal of the vehicle. In many states, you cannot get a title for an abandoned vehicle without going through an auction process.
If you are a private property owner who has been left with an abandoned vehicle on your property, it can be incredibly stressful and overwhelming to have to deal with the necessary steps to get rid of the vehicle. This blog discusses general steps to take if you have discovered an abandoned vehicle on your property and what other options for title recovery may be available.
Each of the 50 US states has a different process to file for an abandoned vehicle. With each state having different legal requirements, it’s important to contact an attorney that specializes in vehicle title laws in your state. This article is not legal advice, we recommend speaking to an attorney prior to beginning your abandoned vehicle process.
What are your intentions with this abandoned vehicle? Abandoned vehicles aren’t necessarily a “finder’s keepers” type of situation. In most states, if you file an abandoned vehicle, you’re intending for the vehicle to be towed and disposed of. Many abandoned vehicle title processes do not allow for the property owner to take possession of the vehicle. If you’re planning to keep the vehicle and possess it or sell it, consider other title options such as a bonded title or a 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.
A bonded title may be a valuable alternative if you live in a state that allows for this method. A bonded title requires you to obtain a surety bond to secure the title of the vehicle. Obtaining the surety bond releases liability from the DMV in the event that there is an ownership discrepancy over the vehicle.
The Driver’s Privacy Protection Act (DPPA) is a federal statute that protects driver information from being public records. According to the DPPA, to obtain personal driving information, an individual or organization must submit an official form to the state DMV requesting specific information. To obtain information protected by the DPPA, you must disclose your reasoning in your official request. Just because the DMV receives your official request form doesn’t mean they will give out the information. The information you obtain from the DPPA request can help you locate the prior owner and will assist in the title or removal process. Not all states allow for this information to be requested. Arkansas and Wyoming do not allow for DPPA information to be provided about other individuals, in these states you can only request your own driving and vehicle records.
In some states, the property owner must sign an affidavit that states the vehicle has not moved from the original location in which it was abandoned. By moving the vehicle, you may be inadvertently invalidating the abandoned vehicle process.
In certain cases after all other methods of title recovery have been exhausted or if your state requires it, you may need to have a judgment against the prior owner of the vehicle. Certain businesses such as storage and towing companies may be able to charge storage fees for the abandoned vehicle, but private property owners are not permitted to do the same. Private property owners can use the court process to obtain a judgment against the owner for abandoning the vehicle on their property.
The abandoned vehicle process is a complicated legal process. If you are a private property owner with an abandoned vehicle of any kind whether it’s a truck, car, motorhome, or another type of vehicle, you may be able to file for an abandoned vehicle and have it removed from your property. In most states, an abandoned vehicle title is not a regular method of obtaining a title. When choosing your method of title recovery, first decide the desired outcome of the situation. Do you want to keep the vehicle? If so, try a bonded title or court-ordered title. Do you want to dispose of the vehicle? An abandoned title process may be right for you. Always seek professional or legal advice before proceeding with your title recovery method.
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If you found your dream car for sale, but it has no title, should you still buy it? All cars have to have a title or title equivalent, this proves ownership and is a requirement for auto insurance. Without an owner and insurance, it can’t be legally operated on the road. So, why are some cars sold with no title?
Many cars are sold without a title because the last title was not signed over properly. If the seller bought the car, but the owner didn’t sign over the title properly, by purchasing the car you are receiving a skipped title. This means that the ownership assignment has improperly jumped owners—the chain of title has just been broken for no good reason. The seller of such a car is technically an “owner” and is supposed to have a title for it, but they don’t actually have one.
The bad news doesn’t stop there: A skipped title can also indicate other problems with your car. When someone fails to sign over their title correctly, they may have also failed to pay off all their loans on the vehicle, giving you unexpected debt on top of whatever money they’re asking for it. It’s also possible that they have failed to make certain legally-required disclosures about accidents or damage that may not have been properly repaired.
This is unfortunately an equally common scenario as a skipped title. If the vehicle was stolen, it’s likely that the seller has no title on hand. Most people do not keep their car title stored inside of their car for this reason. If the seller has the title in hand, you’d be able to see by checking their ID that they are in fact not the owner listed on the title certificate. Additionally, if they had the title in hand for you, you could run the VIN history to see if the vehicle had been stolen. By not providing you with the title, the scammer is hoping you won’t go through the trouble of requesting the VIN history.
A car may come with no title if it has a permanent title brand. It’s extremely important to know if the car you’re buying has a permanent title brand because it will impact your car’s eligibility to receive a title. If you decide to buy a car that has a permanent brand, you should be aware of its implications.
In certain situations, a car with a salvage title brand may be able to go back on the road. However, the inspection and repair processes for salvage vehicles may end up being more costly than the vehicle is worth. On the other hand, title brands such as junk, parts-only, or certificate of destruction are not eligible to receive a title and must be disposed of or sold for parts.
It may be difficult to identify a salvage vehicle or junk vehicle versus a clean title vehicle because not all branded vehicles will look damaged at first glance. Oftentimes the damage is under the hood or has been cosmetically fixed to look in mint condition.
Sometimes the answer is as simple as the seller lost the title or it was recently damaged and they need a new one. Assuming they were the last titled owner, this is usually an easy fix. If the seller has no title because the title was lost or damaged and they were the last titled owner, they can simply apply for a duplicate title in their state. Once they have received their duplicate title, then they can sign it over to you in a proper car title transfer.
Sometimes after the transaction is complete, the seller has no interest in helping the buyer. If you’ve already bought the car and the seller needs to obtain a duplicate title to sign over to you, remind them that until they do, the vehicle is legally in their name. Until they sign over the title to your name, they are responsible for taxes, fines, and fees on this vehicle. If that still doesn’t work, contact us for a Prior Owner Contact.
Ultimately it’s your choice, but we do not recommend buying a car with no title. As a buyer, this is a risky purchase. Even though there are many methods of title recovery, your money is at risk when you buy a car with no title. Until you have the title in your hand, signed over to you from the last titled owner, the car isn’t legally yours, you’ve just spent money on it. If the car is not eligible for a title, you’ll be out the amount of money you paid for it. If you purchased the vehicle from a dealer, there will be resources you can use, but if you purchased from a private seller with no title, the recovery process will be much more difficult.
Not every car is eligible for a title, don’t accidentally buy a car that can never go on the road.
In today’s discussion, we’re diving into some common questions surrounding vehicle liens, shedding light on topics like how to determine if there’s a lien on a car, the possibility of a bank revoking a lien post-contract signing, and what happens when a third party places a lien on a vehicle.
When purchasing a vehicle, one of the primary documents you should receive is the title certificate. This legal document, issued by a government agency, outlines essential details about the vehicle, including ownership information and any existing liens. If a lien is present, it will be listed along with the identity of the lien holder.
However, it’s crucial to be aware of a potential scenario where the title provided might not be the most current issued document. Unscrupulous sellers could exploit this by obtaining a duplicate title and subsequently placing a lien on the vehicle, without the buyer’s knowledge.
Imagine a scenario where a seller, seeking to deceive a buyer, acquires a duplicate title without a lien. Subsequently, the seller places a lien on the vehicle after securing a loan against it. When the unsuspecting buyer completes the purchase using the outdated title, they may remain oblivious to the new lien.
To avoid falling victim to such schemes, buyers should scrutinize the date on the title and verify its currency with the Department of Motor Vehicles (DMV) or conduct transactions directly at the DMV.
If a lien is identified, the next step involves determining its status—whether it has been paid off or if there’s still an outstanding balance. Many times, a paid-off lien might persist on the title due to the lien holder’s negligence in updating records. In such cases, contacting the lien holder and providing proof of the loan’s satisfaction should prompt them to remove the lien.
For outstanding balances, the process becomes more complex, as lien holders are often reluctant to remove liens when money is still owed to them. However, some avenues may exist, especially for innocent third parties entangled in such situations.
In certain circumstances, a dealership may reserve the right to rescind a contract even after the buyer has signed all the paperwork and driven away with the vehicle. This usually occurs through a bailment agreement, where the loan is seemingly approved but awaits the bank’s final acceptance. If unforeseen issues arise, such as credit discrepancies, income verification problems, or policy changes at the bank, the dealership may request the return of the vehicle.
Sometimes, dealerships may have their own liens on vehicles, particularly when obtaining loans for their inventory. These liens, though typically promptly paid off upon vehicle sale, can become problematic if the dealership delays or encounters financial troubles. Buyers might find themselves caught between competing parties—themselves and the lien holder.
Understanding the intricacies of vehicle liens is vital for every car buyer. By remaining vigilant, checking for the most current title, and verifying lien details with the DMV, buyers can protect themselves from potential pitfalls. If you have further questions or require assistance, feel free to drop them in the comments or reach out to our help desk at [email protected]. Stay informed, stay protected, and we’ll see you in the next video!
We’re thrilled to extend our congratulations to First Choice Auto Auction in Louisiana on their recent acquisition by E-Automotive, a prominent conglomerate of automotive transaction companies. This partnership marks a significant development, especially considering the essential role First Choice Auto Auction has played in our title processing services. As they join forces with E-Automotive, we anticipate positive changes and streamlined processes in the automotive auction landscape.
E-Automotive, based in Canada, stands out as a major player in the realm of automotive transactions. Specializing in digital transactions, they facilitate seamless exchanges primarily between auctions and car dealerships. Their comprehensive platforms cater to both industry professionals and consumers, making vehicle transfers more efficient and user-friendly. With a forward-thinking approach, E-Automotive is transforming the automotive landscape by digitizing and simplifying traditional pen-and-paper processes.
E-Automotive’s recent acquisition of First Choice Auto Auction is part of a broader strategy to expand its presence in the automotive market. The conglomerate has been on an acquisition binge, not only adding auctions to its portfolio but also incorporating dealerships and lenders. By connecting digital and physical auctions under one umbrella, E-Automotive is creating a logistics hub that promises a smoother experience for dealers engaged in buying and selling cars.
In addition to its digital auctions, E-Automotive is strategically enhancing its physical presence by acquiring auto auctions in key regions. The recent acquisitions extend their footprint across the Southeast, spanning Alabama, Florida, Georgia, Kentucky, and reaching up to West Virginia. This geographical expansion positions E-Automotive as a formidable force in both the digital and physical auction spaces.
Prior to acquiring First Choice Auto Auction, E-Automotive made headlines with its purchase of Fast Lane, a significant auction player in Michigan. By integrating Fast Lane into its network, E-Automotive further solidified its standing in the industry, offering a comprehensive suite of services to dealers and ensuring a smooth transfer of vehicles.
E-Automotive is renowned for providing cutting-edge digital tools that empower dealerships to acquire used inventory seamlessly. One key advantage is the reduction of title problems commonly encountered by other companies in the industry. As digital transactions become the norm, E-Automotive’s commitment to innovative solutions ensures a hassle-free experience for both buyers and sellers.
For those considering purchasing a vehicle from an auction, understanding the title processes employed is crucial. E-Automotive’s emphasis on digital transactions raises pertinent questions: Do they use traditional paper methods or modern electronic systems? Is the title readily available on-site, or is it an electronic title? These considerations become vital in determining potential delays in acquiring proper paperwork post-purchase.
We invite you to share your thoughts and experiences in the comments section. Have you encountered title problems with auction vehicles? Are you a dealer facing challenges with lien payoffs from auctions? Engage with us, share your insights, or pose any questions you may have. Let’s continue the dialogue and navigate the ever-evolving landscape of automotive transactions together.
We recently received a distressing account from a client who purchased a car but found themselves in a title predicament. As we delved into the matter, conducting thorough research and investigations, a troubling narrative unfolded. It became evident that the last owner of the vehicle had not been compensated for it, leading to a series of unfortunate events.
The story revolves around a car dealer who made a commitment to sell a vehicle on behalf of a consumer, assuring them payment once the sale was completed. However, the title obtained from the seller was not properly signed – the seller insisted on payment before signing it over. Undeterred, the dealer proceeded with the sale, leaving the buyer without a legal title and the seller without their car. Shockingly, this was not the first time the dealer engaged in such fraudulent practices; they had been arrested three times previously for similar offenses.
In this recent case, the dealer faced arrest for the third time, this incident occurring in upstate New York. Allegations pointed to the sale of a car without providing the victim with the promised compensation. A complaint about a fraudulent vehicle sale in Bethlehem triggered an investigation, revealing that the owner had sold the victim’s car at auction and withheld the proceeds. Consequently, the buyer at the auction was left with a car but no title – a predicament that unfortunately occurs more frequently than one might think.
This unfortunate incident serves as a stark reminder of the risks associated with buying a car without obtaining a proper title. Even with a bill of sale or an auction receipt, securing a title becomes nearly impossible if the last owner has not been fully compensated. The last owner retains rights to the vehicle, making it a legal quagmire for unsuspecting buyers.
In light of this incident and our commitment to ensuring smooth title transactions, our representative recently advised a potential customer against purchasing a car without a title. This advice extends to a variety of situations, including a unique case involving a 1967 GTX classic muscle car stored in a barn for 20 years. Despite being in the title business, we emphasize never buying a car without a title, even if it means paying a bit more.
For those who have yet to make a purchase, our recommendation is clear: do not buy a car without a title. Encourage the seller to obtain the title before any transaction takes place. While it might seem tempting to secure a good deal, the potential risks far outweigh any initial savings.
Returning to the dealer in our story, their fraudulent actions resulted in serious legal consequences, including charges of third-degree grand larceny, falsifying business records, and engaging in a scheme to defraud – all felonies. Despite being arrested for the third time in the last year, this individual’s case highlights the persistence of such practices in the automotive market.
The importance of acquiring a valid title cannot be overstated. Purchasing a vehicle without a title puts your investment at risk, with potential financial losses and legal entanglements. As you navigate the process of buying a car, prioritize obtaining a valid title to safeguard your interests.
We invite you to share your thoughts and experiences in the comments. Have you encountered challenges with vehicle titles, or do you have additional insights into ensuring secure transactions? Let’s continue the conversation and help others navigate the complexities of the automotive market.
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